Employee mobility leave

Verified 28 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The employer may offer the employee mobility leave as part of a collective agreement on the GPEC: titleContent or a CBI: titleContent. This leave promotes the employee's return to stable employment, through accompanying measures, training measures and periods of work in DTA: titleContent or CSD: titleContent. This leave shall comply with the rules laid down in the collective agreement. What are the characteristics of a mobility leave? We are taking stock of the regulations.

Mobility leave enables employees who so wish and who meet the conditions for taking it to prepare for professional conversion. Its purpose is to promote the return to stable employment after the leave.

Accompanying measures, training measures and periods of work within or outside the company are offered to the employee during the leave.

It can be proposed in the framework of an agreement on the GPEC: titleContent or an agreement CBI: titleContent .

For the employer, mobility leave makes it possible to anticipate the impact of economic change on the management of staff, without any economic difficulties.

Warning  

The employment contract of the employee who accepts mobility leave shall be mutually broken on the date on which the leave ends. It should not be confused with the secure voluntary mobility.

The companies having concluded an agreement on the GPEC: titleContent or CBI: titleContent may offer mobility leave.

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Agreement on the GPEC

The obligation to negotiate a CSBM agreement concerns the following companies:

  • Company or group of companies of at least 300 employees headquartered in France
  • Community-scale company or group with at least 1 establishment of at least 150 employees in France.

CBI Agreement

Agreement of CBI: titleContent is open to all companies regardless of size.

Mobility leave is proposed by the employer under an agreement between CBI: titleContent, or in the framework of an agreement on GPEC: titleContent.

The conditions for the employee's admission to mobility leave are specified in the collective agreement who proposes it.

In the framework of an agreement GPEC: titleContent , the employer must forward every 6 months the balance sheet of the breaks pronounced in the context of the mobility leave to the Dreets: titleContent .

To do this, he must use the portal of collective breaks of employment contracts:

Collective breaks in employment contracts portal (RUPCO)

The duration of the leave shall be specified by the collective agreement on the GPEC: titleContent or CBI: titleContent that puts it in place.

It corresponds to the period during which the contract of employment was maintained before it was terminated.

It is left to the negotiators.

The organization of working periods, the accompanying measures and the training measures envisaged are specified in the collective agreement on the GPEC: titleContent or CBI: titleContent who proposes it.

The periods of work offered to employees may be completed within or outside the company, as part of a new DTA: titleContent or a CSD: titleContent.

When the employee has signed a CDD, the mobility leave is suspended. It shall resume at the end of the CSD for the remainder of the term.

The remuneration paid during the mobility leave shall be fixed by the collective agreement relating to the GPEC: titleContent or CBI: titleContent.

It varies according to the periods worked or not worked during this leave:

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Remuneration for periods worked

An employee on mobility leave must receive the remuneration corresponding to the work he or she performs, in accordance with the rules applicable in the host company.

It may not be lower than that received during periods not worked.

Remuneration for periods not worked

It corresponds to at least 65% the average gross remuneration for the last 12 months preceding the date of taking leave.

At a minimum, the amount of the allowance must be €9.90 per hour, multiplied by the collective working time fixed in the company (either €1,501.88 if the company applies the 35 hours).

The remuneration paid is exempt from social contributions during the first 12 months of leave, which may be increased to 24 months in the case of vocational retraining.

It remains subject to the generalized social contribution (CSG) and the social debt repayment contribution (CRDS).

The employment contract of the employee who accepts mobility leave shall be mutually broken on the date on which the leave ends

The employee shall receive severance pay provided for in the collective agreement.

An employee who has not found a job after the end of the mobility leave may be entitled to unemployment benefit and return-to-work assistance (ARE), subject to conditions.

Please note

The amicable break within the framework of the mobility leave for protected employeesshall be subject to the authorization of the labor inspector.

Who can help me?

Find who can answer your questions in your region

  • Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)

    https://dreets.gouv.fr/

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