BAG: Temporary team changes allowed

German Federal Labor Court rules that employers can temporarily move employees between teams or departments without works council approval if the work remains similar. Decision affects care workers and administrative staff in particular.

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Ruling on temporary team assignments

The Federal Labor Court (BAG) ruled on April 21, 2026 (case 1 ABR 10/25) that employers can temporarily move employees between teams or departments without works council approval. This applies when the work remains fundamentally similar, even if the specific people or location changes slightly. The decision specifically affects care workers and administrative staff in nursing facilities.

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Why the court decided this way

The works council’s rights were unclear in this case. German labor law requires employer approval for „transfers” (Versetzungen) - but only when the change lasts longer than a month or significantly alters working conditions. The court had to determine whether moving a receptionist to front desk duties or nurses between care units qualified as such transfers.

What happened in this case

A nursing home moved an administrative worker to reception for less than a month. They also rotated care workers between different residential units for over a month. The works council objected, arguing these were unauthorized transfers. The employees continued their normal work, just with different colleagues or in different parts of the same building.