An internal memorandum setting out the conditions for implementing a mobility clause may be considered to be a “company-specific regulation” within the meaning of a collective bargaining agreement

FSC, 10 July 2019, n° 17-31.637

The collective bargaining agreement for predominantly food retail and wholesale trade provides that “mobility is one of the characteristics inherent in distribution activities” and that “when required, a specific mention must be included in the employment contract”. Above all, it is specified that the conditions for its implementation must be the subject of a “company-specific regulation”.

In its judgment of 10 July 2019 (No. 17-31.637), the Court of Cassation ruled on the form that this “specific regulation” should take.

Unlike the lower courts, the Court of Cassation held that an internal memorandum (“note de service”) may constitute the “company-specific regulation” required by the collective bargaining agreement.

Therefore, if an internal memorandum describing the internal procedure applicable in the event of mobility exists within the company, the dismissal of an employee for refusing to accept the implementation of the clause is grounded.