Does an employee have to follow his company if she moves?

Verified 21 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)

This depends on the conditions of the company's move:

  • Either the move takes place in the same initial sector geographical activity of the company provided for in the employee's employment contract
  • Either the move takes place outside the original geographical sector of activity of the company provided for in the employee's employment contract

Same sector

The concept of geographical area is not strictly determined by the labor code.

It often concerns the labor market, i.e. the place of activity where the employee carries out his professional activity.

In case of dispute, it is the judge who decides on the characteristics of the geographical sector, on a case by case basis, taking into account, for example, the following conditions:

  • Either of the distance between the original site and the new site of the company
  • Or of theaccess to transport collectives
  • Or of theextension of time time of route between the original site and the new site of the company

When the company moves to the same geographical area from the initial workplace, it is a simple change in working conditions.

These conditions are necessary so to the employee.

The employee's agreement is then not necessary.

If the employee refuses to change the workplace, he or she may be dismissed for personal reasons.

Outside the sector

The conditions of application differ according to whether the employee has signed a so-called mobility or not in his employment contract:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Contract providing for a mobility clause

The employee's agreement is not necessary when the company moves, as long as the contract of employment includes a mobility clause.

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, the judges examine the fairness of the clause in order to rule on its validity.

This clause should delimit, for example, the zone precise where the transfer of the employee can be envisaged (department or region or whole France)

The employee's refusal may justify a dismissal on personal grounds.

Warning  

the mobility clause which provides that an employee of one company may be transferred to another company shall be considered null and void. This is a change of employer which requires the express agreement of the employee.

Contract without a mobility clause

Without a mobility clause in the employment contract, the employee cannot be constrained to follow the company that employs him in case of a move.

L'employee agreement is therefore obligatory, because it is a amendment of his employment contract.

If the transfer of the place of work is the result of economic difficulties or a mobility agreement, the employer must propose to the employee the modification of his employment contract by letter with RAR: titleContent.

The employee has 1 month to reject this change as of notification transmitted by the employer. In the event of refusal, the employee shall be entitled to the dismissal on economic grounds.

In case of judicial reorganization or liquidation of the company, the employee has 15 days to refuse to amend his employment contract, as from notification transmitted by the employer. In the event of refusal, the employee shall be entitled to the dismissal on economic grounds.

There is no formalism to respond to the employer's proposal. However, it is best for the employee to write a written answer to the attention of the employer who will serve as evidence in case of dispute (letter with RAR: titleContent or mail, for example).

Warning  

If the employee does not respond to the employer within the time limit, the modification of his employment contract shall be deemed to have been accepted.

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

    • accès

      For more information on this topic, you can contact Allô Service Public.

      Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.

      He does not respond questions relating to unemployment compensation and representations to France Labor (formerly Pôle emploi), the officials or contractual of the fpublic service, the amount or payment of contributions social, wage or management.

    • horaires
      • Lundi : de 08h30 à 17h30
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30
      • Vendredi : de 13h00 à 16h15

    • Request a call

      coût Service free
    • service

      The informants who answer you belong to the ministry responsible for labor.