Contractual residence clause unlawful

The French Supreme Court has recently ruled that dismissing a state careworker who lived 20km away from their workplace – instead of the 200 metres maximum distance stipulated in their employment contract – was unlawful. According to rights afforded under the European Convention on Human Rights and the French Labour code an employee is free to choose a place of residence for themselves and their family. The court held that any restriction placed upon this is valid only if it is essential to protect the legitimate interests of the employer and proportionate to the aim pursued. (Cass. Soc. 28/02/12, no. 10-18308).

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