What is a mobility clause?
Verified 07 February 2022 - Directorate for Legal and Administrative Information (Prime Minister)
A mobility clause is a provision which provides that the employee agrees to the change of his place of work. This provision must be laid down in the employee's employment contract or in the collective agreement company. Special provisions shall apply for the protected employee.
A mobility clause is a provision provided for in the employment contract or the collective agreement.
The clause provides that the employee agrees, in advance, that his place of work may be modified.
This transfer is then imposed on the employee.
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 in accordance with the following provisions.
The mobility clause must define precisely 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 greater the employee's responsibilities, the greater the area of mobility.
The mobility clause is applicable in the company only and not in the other businesses of the same group.
the employer may not, after signing the employment contract, alter the extent of the geographical area without the employee's agreement.
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 institution included in the geographical area.
The employee may not refuse the application of the mobility clause if it is provided for in the employment contract.
However, the employee may refuse the mobility clause in any of the following cases:
- The transfer modifies an essential element of the contract (e.g. reduction of remuneration, change 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 is detrimental to the employee's personal and family life (for example, if the transfer entails changes in working hours that are incompatible with his family obligations)
If the application of the mobility clause is not provided for in the initial employment contract, a agreeable the contract must be signed between the employer and the employee.
Any proposal for a geographical transfer to a protected employee is an amendment to the employment contract.
The protected employee must then give his consent.