Is the job description compulsory?

No, the job description is not compulsory and has no real legal value, unlike the employment contract, supervised by the labor code. The sheet is often considered as a simple administrative document in the employer-employee relationship, or even as a non-binding element. However, its role goes far beyond the simple formality and, well written, it can prove to be an important tool.

Understand the post sheet

What is a job sheet

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

Designed as a support for management, the sheet is intended to clearly define the powers and avoid misunderstandings relating to the employment contract. It must ideally integrate the obligations of means (skills to be mobilized) and the results obligations (objectives to be achieved). It is often found:

• A skills benchmark (technical and behavioral)
• A function definition (titled post, organization chart and position definition)
• A description of the missions to be carried out and the objectives
• Exercise conditions (timetables, workload, constraints, etc.)
• Evaluation criteria and career perspectives

Its shape can vary from one business to another, but the main thing is to keep a written trace (paper or digital). The editorial staff generally lies with the employer, in connection with the Human Resources Service (HR) or the operational management. The employee can be consulted to clarify certain points.

What differences between post sheet, function sheet, business sheet, job offer and job profile?

Several terms coexist in the professional environment:

• Post sheet : centered on a person and their attributions.
• Function sheet : More focused on the definition of overall function, which can be applied to several similar positions.
• Business sheet : wider repository, encompassing practices common to a family of trades (eg accountant, manager, developer).
• Job offer : generally public document, describing a job to be filled, sometimes less detailed than the actual job description.
• Post profile : is getting closer to the post sheet, but often serves recruitment upstream to define the candidate's "ideal portrait".

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 profession, etc.).

Legal framework and legal obligations

What does the labor code provide?

The Labor Code does not establish a legal framework for the post sheet in the sense that it is qualified as "compulsory". However, he provides that "the employer gives the employee one or more written documents containing the main information relating to the employment relationship" (article L1221-5-1). 14, this information is listed in article R1221-34 of the Labor Code. In addition to the place and working time, the employee must be communicated "the title of the position, the functions, the socio -professional category or the employment category".

Note that the employee can seize the industrial tribunal to obtain this information, following a unsuccessful formal notice from the employer.

The employer's obligations linked to the post sheet

The employer is supposed to ensure the clarity of the post sheet, especially if it is mentioned or inserted in the contract. According to case law in labor law, a reason for dismissal can be deemed abusive if the assigned missions are not in accordance with what was planned.

It is therefore up to the employer to maintain consistency between the employment contract and the actual post sheet. In the event of a unilateral modification of the contract, the evidence of the post sheet can play against him if he has not respected the initial framework. For example by imposing out -of -contract attributions without amendment.

Employee responsibility and compliance with the post sheet

The employee also has a responsibility. He must endeavor to execute the missions described in his post sheet. A refusal to perform a clearly identified task in the document can be considered as a reason for dismissal for real and serious cause, in particular if the task enters the field of application of the Labor Code and in the planned hierarchical position.

If the employee considers that he is confronted with attributions outside the contract or a workload contrary to his status, he can assert the employee's right and request contractual negotiation. In the event of disagreement, the HR documentation can serve as proof before the courts to establish whether the mission is, or not, of the post description.

Evolution of the post sheet

Unilateral and amendment to contract

A job description is not frozen. The organization of a service, the evolution of the profession or the hierarchical structure, the creation of new working conditions can lead to an overhaul of the post description. However, if the missions change deeply, it is potentially a modification of the employee's functions. This can be subject to a compulsory amendment, especially if the remuneration and the contractual framework are impacted.

Imposing new tasks without tacit agreement or employee employee-employer can constitute a unilateral modification of the contract, illegal if the nature of the position is radically modified. The employee can then refuse the distribution of the missions proposed and require a change report or an addendum to the employment contract.

Legal conditions to modify a post sheet

Any modification must register under the conditions of application fixed by the collective agreement and by the scope of the labor code. A contractual negotiation may be necessary if the workload, the status or the remuneration evolve significantly. Internal procedures can provide stages such as notification to the employee, the validation of tasks and the signature of a compulsory amendment.

Performance indicators are sometimes included to justify the overhaul of the post description and ensure better consistency with the company's objectives. The whole thing must be formalized in a document (for example, a report for modification) which will serve as evidence in the event of a prud'homal dispute.

The employee's refusal to perform a task and its consequences

When an employee considers that a task disagrees with his post sheet or reports from off -contract functions, he may refuse to execute it. This refusal to perform a task must however be justified: for example, the task is really out of the scope defined by the list of formalized tasks, or the workload becomes untenable.

On the other hand, if the post sheet indeed covers the contested mission, the employee is exposed to disciplinary measures. They range from warning to dismissal for legitimate reason (or even real and serious cause) in the event of persistence. Each situation will then depend on the case law in labor law and the legal value of a clear description.

Post and HR management sheet

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 steering tool. A clear description of the missions and conditions of exercise facilitates recruitment, the organization of the teams, the definition of objectives and the evaluation of the employee. In addition, it gives legal certainty both to the employer and to the employee, by framing the room for managerial maneuver.

Internal procedures may include a consultation or contractual commitment to validate the post sheet. In the event of a change of organization chart, it is often enough to refer to this document to find out what attributions are evolving and how.

Regular update and skills management

An update of the job description is essential when the employee acquires new skills or the company's objectives are transformed. The updating of the missions makes it possible to ensure the consistency between the tasks requested and the remuneration or the status granted. If these developments are not formalized, a dispute could arise regarding the concrete distribution of functions.

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

Internal communication issues and position validation

Internal communication around the post sheet ensures compliance and understanding of the rules. A well -informed manager will thus be able to adapt the distribution of missions and define a realistic workload for each employee. In addition, the legal validation of the position often involves a written signature or exchange (e.g. notification to the employee), to avoid being invoked an absence of contractual commitment in the future.

Litigation and appeal during non-compliance

Practical disputes concerning the post sheet

Prud'homal disputes often arise from non-compliance with the description. The employer who entrusts outside contract attributions without formally informing the employee, or the employee who refuses to carry out a task provided by the document, are the most frequent scenarios. Concrete examples include:

• A modified employment contract without compulsory endorsement, while the initial post sheet described other missions
• Authority functions entrusted to an employee without adapted contractual clause (risk of reason for unjustified dismissal)
• A refusal to perform a task by the employee, who believes that it was not in his list of formalized tasks

Sanctions and corrective measures for non-compliance

In the event of non-compliance with the description, the employer can face disciplinary measures inversely returned against him, or a requalification of the legal security of the position. It is sometimes forced to pay allowances to the employee to compensate for an excessive workload or an imposed change. The industrial tribunal then examines the convincing force of the post sheet and if the notification rules to the employee were followed.

Corrective measures include the overhaul of the post description or the resumption of discussions for an amendment to the employment contract. The aim is to restore a balance in accordance with the internal procedures and the regulations in force.

Available employee and legal tools

The employee who undergoes a non-compliance with the description (for example an evolution of status or an increase in charge without amendment) can seize the industrial tribunal. The latter then checks the legal value of a description and consistency with the scope of the Labor Code.

Before arriving there, the employee can request a contractual negotiation by relying on HR documentation, supporting documents and a possible collective agreement or collective agreement providing for the distribution of missions. This step aims to avoid dispute and promote a compromise that respects the legal security and the responsibility of the employer.

FAQ - Frequently asked questions

Can I ask my employer's post sheet?

Yes, you can request a job description from your employer, even if it is not mandatory. This can help clarify your missions and responsibilities. If it exists, the employer can provide it.

Is it mandatory to sign your job description?

No, the signing of the job description is not compulsory. However, a signature may ensure mutual recognition of the missions between the employer and the employee.

Is it legal not to have a job sheet?

Yes, it is legal not to have a job sheet, because it is not compulsory according to the labor code. However, it is recommended to have one to avoid misunderstandings.