Changing the employee's workplace: What are the consequences?
Verified 13 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)
The employer may ask the employee to change his place of work. The prior agreement of the employee may be compulsory, in particular in the event of a change in the contract of employment, the location of the new place of work or the status of the employee. The employee having representative functions in the company (protected employee) has special protection.
General case
The change of the employee's place of employment to another establishment of the company (transfer) may be provided for in an establishment of the company located in the same geographical area or not.
The extent of the employee's geographical sector depends on the circumstances: it may extend, for example, to an entire region or to a pool of employment.
In the same geographical area
The transfer is regarded as a simple change in working conditions.
The employee must then accept the change in his place of work.
The employer must also explain its decision to the employee.
Outside the geographical area
The transfer shall be considered as a modification of an element of the employment contract.
In this case, the employee's consent is required.
However, the employee's consent is not required in the following cases:
- Applying a mobility clause
- Signature in the company of a collective performance agreement
- Temporary transfer in the interests of the company and justified by exceptional circumstances
In the event of a dispute, only judge can assess whether or not the proposed transfer corresponds to the geographical area of the employee.
The judge may rely on criteria such as:
- Distance between establishments
- Extension of travel time to be expected
- Quality of public transport to the new workplace
If the transfer is necessary for the employee
No changes to the employment contract are necessary.
The employee shall change his place of work in accordance with the terms of the employment contract.
The employee's refusal to change the workplace may justify a disciplinary sanction.
If the transfer requires the employee's prior consent
If the employee accepts the transfer, he or she shall change his or her place of work in accordance with the terms of the employment contract.
If the employee refuses the transfer, the employment relationship shall continue under the same conditions.
However, the employer may dismiss the employee if he can prove a reason other than the employee's refusal (e.g. economic reason).
Protected employee
Conditions
Any proposal for change geographical to a protected employee constitutes a modification of the employment contract.
It requires the prior agreement of the employee.
The employer may not require a protected employee to change his place of work, regardless of his location.
A specific clause in the employment contract may provide, for example, that the employee works exclusively on a site.
In this case, any proposal for a geographical transfer constitutes a modification of the employment contract which requires the prior agreement of the employee.
The employer may not require the employee benefiting from such a clause to change his place of work, regardless of his location.
Consequences for the employment contract
If the employee accepts the transfer, his employment contract must be subject to a agreeable the initial employment contract.
If the employee refuses the transfer, the employment relationship shall continue under the same conditions.
However, the employer may dismiss the employee if he can prove a real and serious reason for not accepting the transfer.