As more companies embrace remote work, the concept of including a mobility clause in employment contracts has become a popular topic of discussion. While some employers are opting to include specific clauses that outline the employee`s mobility restrictions, others are wondering if a mobility clause can be implied into a contract.
The short answer is yes, a mobility clause can be implied into a contract. However, there are certain conditions that must be met for this to happen.
Firstly, it`s important to understand what a mobility clause is. It`s a term or provision in an employment contract that restricts the employee`s freedom to work in certain locations. Essentially, it`s an agreement that states that the employee is required to work in a particular location or region.
If an employer wishes to include a mobility clause in an employment contract, it should be explicitly stated in the agreement. However, if the employer fails to mention the mobility clause in the contract, it can still be implied based on the circumstances surrounding the employment relationship.
For example, if the employee is hired to work in a particular location and the job requires them to travel frequently, it can be assumed that mobility is a requirement of the job. In this case, if the employee refuses mobility, it could be considered a breach of contract.
Similarly, if the employer moves its headquarters to a new location, it can be assumed that the employee is expected to move with the company. If the employee refuses to move, it could be considered a breach of contract.
It`s important to note that implied mobility clauses are generally more difficult to enforce in court. This is because they were not explicitly stated in the contract and therefore may not hold up as well under legal scrutiny.
In summary, while a mobility clause can be implied into a contract, it`s always better to include it as an explicit term to avoid any confusion or legal disputes down the line. If you`re an employer thinking about incorporating a mobility clause into your employment contracts, it`s important to consult with legal counsel to ensure that the clause is enforceable and does not violate any laws or regulations.