What is secure voluntary mobility for an employee?
Verified 15 December 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Refusal of the employer
Published on 9 December 2021
A decree must specify the provisions applicable in the event of the employer's refusal to grant the employee secure voluntary mobility.
Pending its publication, the provisions contained in this sheet remain valid.
Secure voluntary mobility allows employees to work in another company while retaining the possibility of returning to their company of origin for a certain period of time. Secure voluntary mobility should not be confused with mobility leave. Secure voluntary mobility is open subject to conditions.
Secure voluntary mobility is applicable in companies and groups of companies at least 300 employees.
The employee can benefit from secure voluntary mobility if he has a minimum seniority of 2 years, whether consecutive or not.
No legal procedure is imposed. However, to avoid litigation, it is preferable to send the request in writing to the employer.
The employer's agreement is mandatory.
There is no statutory deadline for the employer to provide the employee with secure voluntary mobility.
The employer may refuse the employee's request on two successive occasions.
Following these two refusals, the employer must grant the employee a new request for mobility.
The employee may then be absent from his position to attend a training to qualify, evolve or convert.
Signature of an amendment
The period of secure voluntary mobility should be subject to a agreeable to the employment contract.
The amendment must contain the following elements:
- Purpose and duration of the mobility period
- Start and end dates of the mobility period
- Period within which the employee informs the employer in writing of his or her possible choice not to return to the company
- Conditions for an early return of the employee
secure voluntary mobility should not be confused with mobility leave.
Suspension of contract
During the period of secure voluntary mobility, the contract of employment in the company of origin shall be suspended.
If the employee returns to the company of origin
The employee may return at the end of the mobility period.
Return to the company of origin may also take place in advance, under the conditions laid down in the additional agreement and with the agreement of the employer.
On return to the company of origin, the employee returns to his previous or similar job.
His qualification and remuneration shall be at least equivalent to his previous employment.
In the event of non-reintegration into the company of origin
If the employee chooses not to return to his company of origin, the employment contract with his employer is broken.
This rupture constitutes a resignation.
The employee shall give notice if the amendment to the contract so provides.