What is a mobility clause in an employee's employment contract?

General scenario

A mobility clause is a provision in the employment contract that provides that the employee accepts the modification of his or her workplace.

This geographical change is then imposed on the employee.

This is a simple change of the place of work provided for in the employment contract that the employee has accepted or provided for in the collective agreement on which it depends.

There are several options for consulting a collective agreement. Each collective agreement is identified by an IDCC number (collective agreement identifier). This identifier makes it easier to find the text applicable to the company.

The Labor Code does not specify the conditions for the introduction and application of the mobility clause.

There is therefore no legislative requirement for a mobility clause to be put into practice.

However, recent case law has clarified the conditions of validity and the modalities of its implementation the mobility clause.

The employee's transfer must meet a objective need company.

The employer decides on the implementation of the mobility clause.

The application of the clause may be justified, for example, in response to an increase in the workload of another establishment included in the geographical area of the company.

The employee may not refuse the application of the mobility clause if it is provided for in his employment contract.

However, the employee may refuse the mobility clause, without being subject to a penalty, in any of the following cases:

• Either the transfer modifies an essential element of the contract (for example: reduction in remuneration, change from a night schedule to a day schedule or from a day schedule to a night schedule)
• Either the employee is notified within too short a time (for example, the employer cannot require the employee to change his workplace overnight)
• Either the transfer requested affects the employee's personal and family life (for example, if the transfer results in changes to his working hours incompatible with his family obligations).

If the application of the mobility clause is not provided for in the initial employment contract, a endorsement the contract must be signed between the employer and the employee for the clause to apply.

The mobility clause must precisely define the geographical area of application (for example, in all establishments in a department).

The extent of the geographical area varies according to the functions performed by the employee. In general, the higher the employee's responsibilities, the greater the mobility area.

The mobility clause is applicable in the company only and not in other companies in the same group.

The employer cannot, after signing the employment contract, modify without the employee's consent the extent of the geographical area. In this case, the mobility clause cannot apply.