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Reminder: the mobility clause with a precisely defined geographical scope of application is valid

In a decision of April, 5th 2018, the French Supreme Court has held that a mobility clause with a precisely defined geographical scope of application and which does nor entitle the employer to unilaterally extend its scope is valid and is binding upon the employee.

In the case at hand, the Court of Appeal had, however wrongly, held that the discussed clause was null and void because it did not list all the potential working places of the employee, so that the exact geographical scope of the clause was not foreseeable.

The mobility clause shall then exclusively contain a precise and clear geographical scope of application which cannot be unilaterally extended by the employer.

Caution: the scope of the mobility must be consistent with the functions of the employee.

French Supreme Court, April 5th 2018, n°16-25242