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What is safe voluntary mobility for an employee?

Verified 15 décembre 2021 - Legal and Administrative Information Directorate (Prime Minister)

Refusal of employer

A decree must specify the provisions applicable in the event of the employer's refusal to grant the employee safe voluntary mobility.

Pending its publication, the provisions contained in this sheet remain relevant.

Secure voluntary mobility allows employees to work in another company while retaining the possibility of returning to their home company for a certain period of time. Secure voluntary mobility should not be confused with mobility leave. Secure voluntary mobility is open under conditions.

Staffing condition

Secure voluntary mobility is applicable in companies and groups of companies at least 300 employees.

Seniority Condition

Employees can benefit from safe voluntary mobility if they have minimum age of 2 years, consecutive or not.

Employee request

No legal procedure is required. However, to avoid litigation, it is preferable to send the application in writing to the employer.

Employer Response

Agreement

The agreement of the employer is mandatory.

No legal response time is imposed on the employer to grant the employee safe voluntary mobility.

Refusal

The employer may refuse the employee's request on 2 successive occasions.

Following these 2 refusals, the employer must grant the employee a new mobility application.

An employee may then be absent from the position to follow a training to qualify, evolve or convert.

Signature of an amendment

The period of safe voluntary mobility shall be subject to attractive the employment contract.

The amendment must contain the following elements:

  • Purpose and duration of the mobility period
  • Mobility period start and end dates
  • Time limit within which the employee shall inform the employer in writing of his or her choice not to return to the company
  • Conditions for early return of employee

  Warning : safe voluntary mobility should not be confused with mobility leave.

Suspension of contract

During the period of secure voluntary mobility, the employment contract in the company of origin shall be suspended.

In case of return of the employee to the company of origin

The employee may return at the end of the mobility period.

The return to the company of origin may also take place in advance, under the conditions laid down in the amendment and with the agreement of the employer.

Upon returning to the company of origin, the employee returns to his previous job or similar job.

His qualifications and remuneration are at least equivalent to his previous employment.

Failure to return to the company of origin

When the employee chooses not to return to his or her company of origin, the employment contract between the employee and his or her employer is broken.

This break is resignation.

The employee shall give notice if the contract amendment so provides.