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The individual labor contract may contain, in addition to the general clauses provided by law, other clauses determined through negotiation. Among the clauses enacted by the Labor Code, the mobility clause is included.
The parties shall establish that the work duties performed by the employee isn’t done in a stable job, according to Article 25 of the Labor Code.
Under the mobility clause, the employee accepts with anticipation the changes to be made in the work place, ie, the travels arranged by the employer, although the type of work does not normally involve current travels.
Legal Note (art. 25 of the Labor Code)
(1) Under the mobility clause, the parties in the labor contract shall provide that, in consideration of the specific work, the performance of the work obligations of the employee is not done in a stable work place. In this case the employee benefits from additional benefits in cash or in kind.
(2) The amount of additional benefits in cash or in kind are specified in the labor contract.
These changes of the work place in which the employee operates will meet the employer’s interests. The insertion of such a clause will lead to frequent employee delegations and even his detachment.
Providing additional benefits in cash and in kind are made under the agreement between the parties as a result of the existence of mobility clause in the contract. Thus there will be no legal obligation on the employer to provide additional benefits for work performed by the employee in various places. Additional benefits received by the employee will be limited, so to those established in the labor contract.
At the same time, the provisions of paragraph 2 of Article 25 of the Labour Code are not mandatory.
The aspects of mobility clause may be determined in the individual labor contract, the collective agreement and / or internal rugulations:
The Labor Code provides, also, at article 17, paragraph 2, letter b that the employee must be informed about the work place or, in the absence of a fixed job, the possibility that the employee works in different places. Article 25 repeats, through the mobility clause, the possibility of rendering the activity in various places.
If, in the drafting of the labor contract, the work activity „in various places” was mentioned, no additional provision is required on the mobility clause.
You can’t consider delegation in the situation the employee works in different jobs, if this was stipulated in the labor contract through the mobility clause.
The contract may provide for a jurisdiction where the employee shall do his job. The cases in which the employee has an assignment to perform work outside of that jurisdiction is considered delegation.
The employer has no right to change at any time, unilaterally, the work place and can not compel the employee to do his activity in other places outside of the ones to mobility clause refers.
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