La société d’avocats Damy
La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.
Do not confuse mobility and mobility clause! Cass. Company, July 11 2012, No. 10-30.219, P + B
A trip abroad may be part of the employee's usual activity and is therefore not covered by a mobility clause. An employee of an international firm is dismissed for serious misconduct for refusing to travel abroad for a meeting. The employer relied on the individual's employment contract, which provided that he or she might be required to undertake missions abroad, and recognized that mobility in the performance of his or her duties was a substantial condition of the contract. For the trial judges, the contract clause had to be interpreted as a mobility clause and, since it did not set a geographical limit, the mobility clause was null and void.
The termination of the contract was to be considered as a dismissal without real and serious cause.
The Court of Cassation did not approve this decision: for it, the simple finding that the employee's travel was within the usual scope of his or her activity as an international consultant was sufficient to justify the employer's decision. In this case, it was not necessary to determine whether the clause in the contract was valid or not.
Lawyer Grégory DAMY Nice labour law