SSS · Workforce Restructuring

Can employees say “no” in a transfer?

As a rule, a transfer passes contracts over automatically; the consequences of an employee's objection vary by scenario. Transfer communications and orderly documentation close these questi…

Updated · July 20261 min readCategory · Workforce Restructuring
Short answer

As a rule, a transfer passes contracts over automatically; the consequences of an employee's objection vary by scenario. Transfer communications and orderly documentation close these questions off in advance.

As a rule, a transfer passes contracts over automatically; the consequences of an employee’s objection vary by scenario. Transfer communications and orderly documentation close these questions off in advance.

Article 6 of the Labour Law (No. 4857) governs this: on a workplace transfer the contracts pass to the transferee automatically, with all their rights and obligations, and length of service is preserved. The transferring employer stays liable alongside the transferee for debts that arose before the transfer, for two years. An employee cannot be compelled to work for the transferee, but a refusal will in most cases be treated as a resignation — and that is the distinction we set out plainly in the transfer communication.

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