Modification of the employee's workplace: what are the consequences?
Verified 08 October 2025 - Directorate of Legal and Administrative Information (Prime Minister)
The employer may ask the employee to change his place of work. The prior consent of the employee may be mandatory, in particular in the event of a change in the employment contract, the location of the new place of work or the status of the employee. The employee with representative functions in the company (protected employee) enjoys special protection. We present you the information to know.
General case
The change of the employee's place of employment to another establishment of the company (transfer) may be planned in an establishment of the company located in the same geographical area or not.
The geographic scope is defined to an entire region or employment pool.
Only the judge may assess whether or not the proposed transfer corresponds to the employee’s geographical sector.
Répondez aux questions successives et les réponses s’afficheront automatiquement
In the same geographical area
The transfer is seen as a simple change in working conditions.
The employee must then accept the change of his workplace.
The employer must also explain its decision to the employee.
Outside the geographical area
The transfer is considered to be a modification of an essential element of the employment contract.
In this case, the employee's agreement is necessary.
However, the employee's consent is not required in the following cases:
- Application of a mobility clause present in the employee's employment contract
- Signature in the company of a collective performance agreement
- Temporary transfer in the interest of the company and justified by exceptional circumstances.
In the event of refusal to change the workplace, the employee may inform his employer of his disagreement.
In the event of a dispute between the employer and the employee, judge may decide whether or not the proposed transfer corresponds to the employee's geographical sector.
The judge may rely on criteria such as:
- Distance between establishments
- Longer journey time to be expected
- Quality of public transport to the new workplace.
The rules differ depending on whether the transfer requires the prior consent of the employee or not:
Répondez aux questions successives et les réponses s’afficheront automatiquement
The employee must be transferred
No modification of the employment contract is necessary.
The employee changes his place of work under the conditions laid down in his employment contract.
The employee's refusal to change workplace may justify a disciplinary sanction.
The transfer requires the prior consent of the employee
If the employee accepts the transfer, he or she changes the place of work under the conditions laid down in the employment contract.
If the employee refuses the transfer, the employment relationship continues under the same conditions at the initial workplace.
However, the employer may dismiss the employee if it justifies a reason other than the refusal of the employee (economic motive, for example).
Protected employee
Any proposal for mutation geographical to a protected employee constitutes a modification of the employment contract.
It requires the prior consent of the employee.
The employer may not require a protected employee to change his place of work, regardless of its location.
A specific clause in the employment contract may provide, for example, that the protected employee works exclusively on a site. The employer may not require the employee benefiting from such a clause to change his place of work, regardless of its location.
If the protected employee accepts the transfer, his employment contract must be subject to a endorsement the initial employment contract.
If the employee refuses the transfer, the employment relationship continues under the same conditions at the initial workplace.
However, the employer may dismiss the employee if it justifies a reason other than the refusal of the employee (economic motive, for example).
Who can help me?
Find who can answer your questions in your region
Administrative information by phone - Allô Service Public
For more information on this subject, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
He does not respond questions on unemployment compensation and approaches to the France Labor (formerly Pôle emploi), the officials or contract workers of the fcivil service, the amount or payment of contributions social, wage or employer.
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service Free
The informants who answer you belong to the ministry in charge of labor.