Can an employee refuse a transfer under a mobility clause?

If the clause is valid and applied in good faith, a refusal may constitute misconduct. The refusal is legitimate, however, if the clause is too vague, the notice is insufficient or the transfer seriously harms the employee's family life.

Does a mobility clause allow a transfer abroad?

Only if the clause expressly covers the countries concerned, and even then many jurisdictions require the employee's specific agreement for an international transfer. A separate expatriation agreement is generally preferable.

How should the geographic area of a mobility clause be defined?

List the regions, governorates or cities concerned, or the company's existing sites. The employee must be able to know at the time of signing how far they may be transferred.

Clause templatesEmployment

Geographic mobility clause

The mobility clause allows the employer to transfer an employee to another site without having to renegotiate the contract each time. It is only effective if the geographic area is precisely defined and if the transfer is decided in the interest of the company, with reasonable notice.

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Clause template

1. The Employee's usual place of work is [ADDRESS OR CITY]. 2. Given the nature of the duties, the Employee agrees that the place of work may be changed within the following geographic area: [PRECISE AREA, E.G. GOVERNORATES, REGIONS OR LISTED CITIES]. 3. Any transfer shall be justified by the interests of the company and notified in writing at least [NUMBER] days before it takes effect. 4. The transfer shall not change the Employee's remuneration, qualification or working hours. 5. Where the transfer requires a change of residence, the Employer shall bear the reasonable relocation costs, upon receipts, up to [AMOUNT]. 6. The Employer shall take into account the Employee's personal and family situation when implementing this clause.

Replace the bracketed items before use.

Variants

Temporary assignments only

The Employee may be temporarily assigned to another site of the company within [AREA] for assignments not exceeding [DURATION] each, with at least [NUMBER] days' written notice. Travel, accommodation and meal expenses shall be borne by the Employer in accordance with its expense policy. The Employee's usual place of work remains unchanged.

When to use it

Companies with several sites or branches
Sales, technical or project roles that require relocation
Groups planning to open new offices in the region
Positions linked to client sites that change over time

Mistakes to avoid

Writing an unlimited area such as any site present or future, which courts often reject
Imposing a transfer with immediate effect without reasonable notice
Using the clause to change remuneration or duties at the same time
Ignoring the employee's family situation, which can make the transfer abusive

Country-specific notes

France
The Cour de cassation holds that a mobility clause that does not precisely define its geographic area is void, and a dismissal based on refusal to move is then without real and serious cause.
Source: Legisocial, Cass. soc. 9 January 2013, No. 11-18790

Contracts that use this clause

Frequently asked questions

If the clause is valid and applied in good faith, a refusal may constitute misconduct. The refusal is legitimate, however, if the clause is too vague, the notice is insufficient or the transfer seriously harms the employee's family life.

Other Employment clauses

Sources

Legisocial, mobility clause without a defined area is void

Indicative template, to adapt to your situation. It does not replace legal advice.

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Geographic mobility clause

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Variants