In the absence of any particular reference in the contract relating to the place of performance of the work, the French case-law has created the concept of geographical area to assess the scope of a change in the workplace: any change within the workplace in the same geographical area does not lead to a change in the contract and a mutual agreement is not needed.
In the same geographical area a transfer is considered as a simple modification of the working conditions, which is imposed on the employee. However, the employer must respect a reasonable time to inform the employee of his transfer. He is also required to explain his decision. It also admitted that a one-off trip outside this geographical area could, under certain conditions, be imposed on the employee. [Read more…]