09 Jun, 2023

Mobility clause and change of employer

09 Jun, 2023

Can a mobility clause impose a change of employer?

Mr. [U] was hired on November 21, 2007 as a traveling sales representative for the Languedoc Roussillon region by Tenesol, the predecessor of Sunpower Energy Solutions France.

The employment contract included a mobility clause stating that “the employee undertakes to accept any transfer to another establishment or subsidiary located in mainland France”.

On March 2, 2015, the employer implemented the mobility clause and proposed a transfer to the company’s head office, which the employee refused. The employee was then dismissed on June 5, 2015.