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A mobility clause is valid if it has been specified geographically


mobility clause

A mobility clause stipulated in an employment contract must not only be essential for the protection of the legitimate interests of the company, proportionate to the aim sought in view of the job held and justified by the nature of the task to be performed, but it must also mention precisely the geographical area in which the employee is likely to be transferred.

The mobility clause cannot allow the employer to unilaterally extend its scope. The Court of Cassation recalls this in its arrêt du 2 octobre 2019 Cass soc n° 18-20353.

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