- Fostering mobility
Mobilité volontaire sécurisée
Secured voluntary mobility
Workers can benefit from this measure if they fulfil the following conditions:
- they work in a company or a group employing at least 300 people;
- they have 24 months of seniority, consecutive or not, within the company;
- their employer agrees to the secured mobility.
Articles L.1222-12 to L.1222-16 of the labour code, introduced by Law n°2013-504, allow workers to benefit, upon agreement of their employer, from a period of 'secured voluntary mobility' during which the performance of the employment contract is suspended. This measure is supposed to help workers to enrich their career path by getting experience working in another company, without having to terminate their employment contract. During this period, as the employment contract is suspended in the company of origin, workers are paid by the receiving company.
This period of mobility must be established in an amendment to the employment contract, which will provide for:
- the objective, the duration, the starting and the ending day of this period (there is no minimum or maximum limit stated in the law);
- the arrangements in case of an early return to the company of origin, which is always possible.
At the end of this period, there are two possibilities:
- workers come back to their company of origin and get back their job or a similar one;
- workers decide to stay in the company where they performed their period of mobility, and then they have to resign from their prior job.
The employer can refuse to grant such a period of mobility and does not have to justify it. If they refuse twice, the worker has direct access to individual training leave. The employer has to communicate every six months to the employees' representatives the list of requests and the answers given to those requests.
Employer or employee organisations
Employee representatives are informed every six months about requests for secured voluntary mobility and their follow-up.
As this measure is not the object of a statistical monitoring (no administrative declaration to be produced in case the employment contract is amended in this respect), it is impossible to precisely take stock of the effectiveness of this instrument. Empirically, in light of expert experiences and exchanges with actors at company level (unions and companies), it does not seem to be widely used. However, one might notice that some large companies have included this tool in their company GPEC collective agreements . This indicates that the use of this tool is probably easier in companies with well developed HR departments. Anyway, this does not mean that such collective agreements do more than including the related legal provisions in force. Beyond, some experts notice that some comparable tools /instruments are planned, especially through some GPEC collective agreements at company level, but without link with this specific legal measure.
Last but not least, but again without extensive quantitative data, the communication by the employer to employee representatives of the list of requests made and answers given to employees twice a year, does not seem to be systematically carried out.
It helps to secure the workers' career path when they decide to change employment in order to develop their skills. In case the change is not satisfactory for the employee, they have the possibility of returning to their previous job, with the same income.
Employees might prefer a redundancy as they will be offered better financial conditions with the severance pay.
In addition, one may think that this instrument may bring some concern to some employers in terms of:
- fear of loosing specific skills,
- fear that the employees comes back after a long period, making it difficult to reinstate them in the company.
Last, no legal duty exists for the employer to inform new employees about the existence of this tool.