Is a job description compulsory?

No, the job description is not mandatory and has no real legal value, unlike the employment contract, which is governed by the French Labor Code. The job description is often regarded as a mere administrative document in the employer-employee relationship, or even as a non-binding element. However, its role goes far beyond that of a mere formality, and when properly drafted, it can prove to be an important tool.

Understanding the job description

What is a job description

Sometimes called a job description, this document describes the main functions, missions and responsibilities of an employee within an organization. It specifies the hierarchical position, the list of formalized tasks, examples of expected achievements, and the skills required to carry out the job.

Designed as a management tool, the job description is intended to clearly define responsibilities and avoid misunderstandings relating to the employment contract. Ideally, it should include obligations in terms of resources (skills to be mobilized) and results (objectives to be achieved). It often includes :

• A skills repository (technical and behavioral)
• A job description (job title, organization chart and job description)
• A description of the tasks to be carried out and the objectives
• Working conditions (hours, workload, constraints, etc.)
• Evaluation criteria and career prospects

Its form may vary from one company to another, but the most important thing is to keep a written record (paper or digital). Drafting is generally the responsibility of the employer, in conjunction with the human resources (HR) department or operational management. The employee may be consulted to clarify certain points.

What are the differences between job descriptions, function descriptions, job descriptions, job offers and job profiles?

Several terms coexist in professional circles:

• Job description: focused on one person and his or her responsibilities.
• Function sheet: more focused on the definition of a global function, which can be applied to several similar positions.
• Job sheet: broader reference framework, encompassing practices common to a family of professions (e.g. accountant, manager, developer).
• Job offer: generally public document describing a job to be filled, sometimes less detailed than the actual job description.
• Job profile: similar to the job description, but often used prior to recruitment to define the candidate's "ideal profile".

The job description is therefore more precise, while the other documents are either more generic, or written for a broader purpose (recruitment, global definition of a job, etc.).

Legal framework and obligations

What does the Labour Code say?

The French Labor Code does not establish a legal framework for the job description in the sense of qualifying it as "compulsory". However, it does stipulate that "the employer shall provide the employee with one or more written documents containing the main information relating to the employment relationship" (article L1221-5-1). Article R1221-34 of the French Labor Code lists 14 such documents. In addition to the place and duration of work, the employee must be informed of "the job title, duties, socio-professional category or job category".

It should be noted that the employee can apply to the Conseil des Prud'hommes to obtain this information, following unsuccessful formal notice from the employer.

The employer's obligations in relation to the job description

The employer is expected to ensure that the job description is clear, especially if it is mentioned or included in the contract. According to employment law case law, a dismissal may be deemed unfair if the tasks assigned are not in line with what was planned.

It is up to the employer to maintain consistency between the employment contract and the actual job description. In the event of unilateral modification of the contract, the evidential value of the job description may be used against the employer if he has not respected the initial framework. For example, by imposing duties outside the contract without an amendment.

Employee responsibility and compliance with job description

Employees also have a responsibility. They must do their utmost to carry out the tasks described in their job description. Refusal to carry out a task clearly identified in the document may be considered grounds for dismissal for real and serious cause, particularly if the task falls within the scope of the Labour Code and the hierarchical position provided for.

If the employee feels that he or she is faced with a non-contractual assignment or a workload that is contrary to his or her status, he or she can assert employee rights and request contractual negotiation. In the event of disagreement, HR documentation can be used as evidence in court to establish whether or not the assignment falls within the job description.

Evolution of the job description

Unilateral modification and contract amendment

A job description is not set in stone. The organization of a department, changes in the job or hierarchical structure, or the creation of new working conditions can all lead to a revision of the job description. However, if the employee's tasks change radically, this potentially constitutes a modification of his or her duties. This may be subject to a mandatory amendment, especially if remuneration and contractual terms are affected.

Imposing new tasks without tacit agreement or an employee-employer rider may constitute a unilateral modification of the contract, which is illegal if the nature of the job is radically altered. In this case, the employee can refuse the proposed distribution of tasks and demand a modification report or an amendment to the employment contract.

Legal requirements for modifying a job description

Any changes must fall within the scope of the collective bargaining agreement and the French Labor Code. Contractual negotiation may be necessary if workload, status or remuneration change significantly. Internal procedures may include stages such as notification of the employee, validation of tasks and signature of a binding rider.

Performance indicators are sometimes included to justify the reworking of the job description and ensure greater consistency with the company's objectives. The whole process must be formalized in a document (e.g., a modification report), which can be used as evidence in the event of industrial tribunal litigation.

Employee refusal to perform a task and its consequences

If an employee feels that a task is at odds with his or her job description, or falls outside the scope of his or her contract, he or she may refuse to perform it. This refusal to perform a task must, however, be justified: for example, the task is genuinely outside the scope defined by the formalized task list, or the workload is becoming untenable.

On the other hand, if the job description does indeed cover the disputed assignment, the employee is liable to disciplinary action. These range from a warning to dismissal for just cause (or even real and serious cause) in the event of persistence. Each situation will depend on case law and the legal value of a clear job description.

Job description and HR management

The importance of a clear job description in the HR process

In terms of skills management and internal communication, the job description is an essential HR management tool. A clear description of tasks and working conditions facilitates recruitment, team organization, target setting and employee appraisal. What's more, it provides legal certainty for both employer and employee, by providing a framework for managerial discretion.

Internal procedures may include a consultation or contractual commitment to validate the job description. In the event of a change in the organization chart, it is often sufficient to refer to this document to find out which responsibilities are changing and how.

Regular updates and skills management

Updating the job description is essential when the employee acquires new skills or the company's objectives change. Updating missions ensures consistency between the tasks required and the remuneration or status granted. If these changes are not formalized, a dispute could arise over the actual allocation of duties.

In addition, this update contributes to the creation of a more complete job repository and an effective skills repository, serving both as a basis for the training plan and as performance indicators for managers.

Internal communication issues and job validation

Internal communication around the job description ensures that the rules are respected and understood. A well-informed manager will be able to adapt the distribution of tasks and define a realistic workload for each employee. In addition, legal validation of the position often requires a signature or a written exchange (e.g.: notification to the employee), to avoid the possibility of a lack of contractual commitment being invoked in the future.

Disputes and remedies in the event of non-compliance

Practical cases of job description disputes

Disputes at industrial tribunals often arise from non-compliance with the job description. Employers who assign tasks outside the contract without formally informing the employee, or employees who refuse to carry out a task provided for in the document, are the most frequent scenarios. Concrete examples include :

• A modified employment contract with no binding rider, even though the initial job description described other tasks.
• Functions of authority entrusted to an employee without an appropriate contractual clause (risk of unjustified dismissal)
• A refusal to perform a task by the employee, who considers that it was not on his list of formalized tasks.

Sanctions and corrective measures for non-compliance

Failure to comply with the job description may result in disciplinary measures being taken against the employer, or in the job being reclassified as legally secure. In some cases, the employer is forced to pay compensation to the employee for excessive workload or an imposed change. The industrial tribunal then examines the probative value of the job description and whether the rules for notifying the employee have been followed.

Corrective measures include revising the job description or resuming discussions on an amendment to the employment contract. The aim is to re-establish a balance in line with internal procedures and current regulations.

Employee recourse and available legal tools

If an employee's job description is not respected (e.g., a change in status or an increase in workload without a rider), he or she can take the matter to the industrial tribunal (Conseil de prud'hommes). The latter then verifies the legal value of a description and its consistency with the scope of application of the Labor Code.

Before reaching this point, the employee can request contractual negotiation based on HR documentation, supporting documents and any collective agreement or collective bargaining agreement providing for the division of tasks. This step is designed to avoid litigation and promote a compromise that respects the legal certainty and responsibility of the employer.

FAQ - Frequently asked questions

Can I ask my employer for my job description?

Yes, you can ask your employer for a job description, even if it's not compulsory. It can help clarify your duties and responsibilities. If one exists, your employer can provide it.

Do I have to sign my job description?

No, signing the job description is not mandatory. However, a signature can guarantee mutual recognition of tasks between employer and employee.

Is it legal not to have a job description?

Yes, it's legal not to have a job description, as it's not mandatory under the French Labor Code. However, it is advisable to have one to avoid misunderstandings.