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What is a mobility clause?

Verified 14 August 2020 - Directorate for Legal and Administrative Information (Prime Minister)

A mobility clause is a provision which provides that the employee accepts the change in his place of work. Specific provisions shall apply to the protected employee..

General case

A mobility clause is a provision in the employment contract or the collective agreement..

The clause provides that the employee agrees in advance that his place of work may be changed.

This transfer is compulsory for the employee, except for exceptions provided for in the employment contract.

The employee may be offered a mobility clause, when he is hired or after signing the employment contract, with his agreement.

The Labor Code does not specify the conditions for the introduction and application of the mobility clause.. However, recent case law considers the validity of a mobility clause as follows:

Content

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

The extent of the geographical area varies according to the duties performed by the employee.

In general, the higher the responsibilities, the wider the mobility zone.

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

FYI  

the employer may not, after signing the employment contract, change the geographical area without the employee's agreement.

Procedure

The employer shall decide on the implementation of the mobility clause.

The transfer of the employee must meet an objective need of the company.

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.

An employee may not refuse the application of the mobility clause unless he is in one of the following cases:

  • The deployment changes an essential element of the contract (for example: decrease in remuneration from night to day or from day to night)
  • The employee is notified within too short a period (this period varies depending on the circumstances)
  • The transfer requested infringes the personal and family life of the employee (for example, if the transfer results in changes in his hours of work incompatible with his family obligations).

The application of the mobility clause does not constitute an amendment to the employment contract.

It is binding on the employee, unless the transfer has consequences on any other essential element of the contract. In this case, a attractive the contract must be signed.

Protected employee

Any proposal for a geographical transfer to protected employee constitutes an amendment to the employment contract which requires the employee's prior agreement.