Does an employee have to follow his company if she moves?
Verified 06 August 2021 - Directorate for Legal and Administrative Information (Prime Minister)
The employee may not refuse a change of workplace if he is in one of the following 2 cases:
- The change shall take place in the same geographical area as provided for in the employment contract
- The employee signed a mobility clause
In other cases, the employee's consent is required.
The notion of geographical sector is not strictly defined. It's often about the labor pool.
In the event of a dispute, it is the judge who decides on the characteristics of the geographical area, on a case-by-case basis, taking into account, for example, the following conditions:
- Distance from original site to new site
- Access to public transport
- Travel time extension
Same geographic area
When the company moves to the geographical area of the original workplace, it is simply a change in working conditions that is imposed on the employee.
The employee's agreement is therefore not necessary.
If he refuses to change his place of work, he can be dismissed for personal reasons.
Outside the sector
The employment contract includes a mobility clause
The employee's agreement is not necessary when the company moves, provided that his contract of employment provides for a mobility clause.
This clause must delimit the precise zone where the transfer can be envisaged (department, region, whole France).
The employee's refusal justifies a dismissal on personal grounds.
The contract does not provide for any
The employee cannot be forced to follow the company which employs him.
The employee's agreement is mandatory, as it is a modification of his employment contract.
If the transfer of the place of work is the result of economic difficulties or a mobility agreement, the employer must propose the amendment of the employment contract by registered letter with acknowledgement of receipt.
The employee has 1 month to refuse this modification (15 days if the company is in receivership or liquidation).
In the event of refusal, the employee shall be entitled to the dismissal on economic grounds.
the employee shall be deemed to have accepted the modification if he has not replied within the time limit.