What is secure voluntary mobility for an employee?

Secure voluntary mobility is a mechanism that enables employees of the private sector large companies to ask for a suspension of his employment contract to go to another company to pursue a professional activity.

This allows the employee to enrich his professional career, while retaining the possibility to return to his company of origin for a certain period of time.

The employee can benefit from secure voluntary mobility if he has a minimum seniority of 2 years, whether consecutive or not.

The employee can benefit from secure voluntary mobility if he works in a company or a company group of at least 300 employees.

The payment of wages by the employer and the performance of work in the company of origin by the employee therefore cease temporarily, i.e. throughout the mobility period.

The employee is then paid by the company in which it carries out its secure voluntary mobility.

During the period of suspension of his employment contract, the employee on secure voluntary mobility must comply with a obligation to loyalty to his company of origin.

This duty of loyalty is not defined in the Labor Code.

However, the judges have stated that the suspended employee:

• Cannot work for a competitor of his employer without his agreement
• Must meet a obligation of discretion. In particular, he shall not have the right to disclose confidential data of the company to which he has access (e.g. trade secrets).

If the employee does not comply with these obligations, the employee may be licensee.

During the period of suspension of his employment contract, the employee shall be in secure voluntary mobility does not acquire :

• Of rights to paid leave of its original company. However, it can acquire them in its secure voluntary mobility host company
• Of rights to seniority of its original company. However, it can acquire them in its secure voluntary mobility host company.

During the period of suspension of his employment contract, the employee on secure voluntary mobility shall:

• Remains an employee who is part of the workforce of his home company
• Can be a voter in elections for Staff Representatives (SSC). However, he cannot be eligible for election.

No legal procedure is imposed.

However, to avoid any dispute, the employee can send his request for secure voluntary mobility in writing to his employer (by letter with RAR: titleContent, for example).

The employer's agreement is obligatory.

There is no statutory deadline for the employer to provide the employee with secure voluntary mobility.

The Labor Code does not require employers to give reasons for their refusal.

However, it cannot be based on a prohibited ground, including a discriminatory ground (political opinions, trade union activities, religious beliefs, etc.).

The employer may refuse to 2 times successives the employee's request.

Following these two refusals, the employer must grant the employee a new request for secure voluntary mobility if the employee requests it again.

The employee may then be absent from his position to attend a training to qualify, evolve or convert.

If the employer agrees, the period of secure voluntary mobility should be subject to a agreeable to the employment contract.

The amendment contains obligatory the following:

• Purpose and duration of the mobility period
• Start and end dates of the mobility period
• Period within which the employee informs the employer in writing of his or her possible choice not to return to the company
• Conditions for an early return of the employee

On return to the company of origin, the employee returns to his previous or similar job.

His qualification and remuneration shall be at least equivalent to his previous employment in his home company.

If the employee chooses not to return to his company of origin, the employment contract with his employer of origin is terminated.

This rupture constitutes a resignation.

The employee shall give notice if the amendment to the contract so provides.