international employment law firm alliance L&E Global

France: A mobility clause that covers the whole national territory is valid

Inserting a mobility clause into an employment contract allows the employer to impose a transfer on the employee, who cannot refuse to go to work in another place that falls within the limits of the mobility clause. But this clause, in order to be valid, must define in a precise way its geographical area of application and not confer on the employer the power to extend its scope at will. After a period of unclear and changing case law, the Cour de cassation has just confirmed that the clause defines sufficiently precise its geographical area of application when it provides the possibility of mobility throughout the national territory of France