Is the job description compulsory?

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

Understanding the job description

What is a job description?

Sometimes called a job description, this document outlines the functions, duties, and main responsibilities of an employee within an organization. It specifies the hierarchical position, the list of formalized tasks, examples of expected deliverables, and the skills required to perform the job successfully.

Designed as a management tool, the job description aims to clearly define responsibilities and prevent misunderstandings regarding the employment contract. Ideally, it should include both the required skills (skills to be used) and the required objectives (goals to be achieved). It often includes:

• A skills framework (technical and behavioral)
• A job description (job title, organizational 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 format may vary from one company to another, but the main point 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 a job description, a function description, a job profile, a job offer, and a job profile?

Several terms coexist in the professional environment:

• Job description : focused on a person and their responsibilities.
• Job description : more focused on defining the overall function, which can be applied to several similar positions.
• Job description : a broader reference framework, encompassing practices common to a family of jobs (e.g., accountant, manager, developer).
• Job offer : a document, generally public, describing a job opening, sometimes less detailed than the actual job description.
• Job profile : similar to a job description, but often used prior to recruitment to define the "ideal profile" of the candidate.

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

Legal framework and legal obligations

What does the Labour Code stipulate?

The French Labor Code does not establish a legal framework for job descriptions in the sense of making them "mandatory." However, it does stipulate that "the employer must provide the employee with one or more written documents containing the main information relating to the employment relationship" (Article L1221-5-1). These 14 pieces of information are listed in Article R1221-34 of the Labor Code. In addition to the place and hours of work, the employee must be provided with "the job title, duties, and socio-professional category or employment category."

Note that the employee can take the matter to the Labour Court to obtain this information, following an unsuccessful formal notice from the employer.

The employer's obligations related to the job description

The employer is expected to ensure the job description is clear, especially if it is mentioned or included in the contract. According to labor law case law, a reason for dismissal may be deemed unfair if the assigned duties do not conform to what was agreed upon.

It is therefore the employer's responsibility to maintain consistency between the employment contract and the actual job description. In the event of a unilateral modification of the contract, the probative value of the job description can be used against the employer if they have not respected the initial framework. For example, by imposing duties outside the scope of the contract without an addendum.

Employee responsibility and adherence to the job description

The employee also has a responsibility. They must strive to carry out the tasks described in their job description. Refusal to perform a task clearly identified in the document can be considered grounds for dismissal for a genuine and serious reason, particularly if the task falls within the scope of the Labor Code and the employee's hierarchical position.

If an employee believes they are being assigned duties outside their contract or a workload that is inconsistent with their status, they can assert their rights and request a contract negotiation. In case of disagreement, HR documentation can be used as evidence in court to establish whether the assigned tasks fall within the scope of their job description.

Changes to the job description

Unilateral modification and amendment to the contract

A job description is not set in stone. Changes in departmental organization, the evolution of the role or hierarchical structure, or the creation of new working conditions can all lead to a revision of the job description. However, if the responsibilities change significantly, this potentially constitutes a modification of the employee's duties. This may require a mandatory amendment to the contract, especially if the salary and contractual framework are affected.

Imposing new tasks without tacit agreement or an addendum between employee and employer may constitute a unilateral modification of the contract, which is illegal if the nature of the position is radically altered. The employee may then refuse the proposed allocation of tasks and demand a formal record of the modification or an addendum to the employment contract.

Legal conditions for modifying a job description

Any modification must comply with the conditions set forth in the collective bargaining agreement and the scope of the labor code. Contractual negotiation may be necessary if the workload, status, or compensation changes significantly. Internal procedures may include steps such as notifying the employee, validating tasks, and signing a mandatory amendment.

Performance indicators are sometimes included to justify the revision of the job description and ensure better alignment with company objectives. All of this must be formalized in a document (for example, a modification report) which will serve as evidence in the event of an employment dispute.

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

When an employee believes that a task is inconsistent with their job description or falls outside their contracted duties, they may refuse to perform it. However, this refusal must be justified: for example, the task must genuinely be outside the scope defined by the formalized list of tasks, or the workload must become unsustainable.

However, if the job description does indeed cover the disputed task, the employee is subject to disciplinary action. This can range from a warning to dismissal for legitimate cause (or even a genuine and serious reason) in cases of persistent misconduct. Each situation will then depend on case law in labor law and the legal weight 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 the responsibilities and working conditions facilitates recruitment, team organization, objective setting, and employee evaluation. Furthermore, it provides legal certainty for both the employer and the employee by defining the scope of managerial action.

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

Regular updates and skills management

Updating the job description is crucial when an employee acquires new skills or when the company's objectives change. Revising the responsibilities ensures consistency between the tasks assigned and the compensation or status granted. If these changes are not formalized, a dispute could arise regarding the actual distribution of duties.

Furthermore, 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 challenges and job validation

Internal communication regarding the job description ensures that the rules are respected and understood. A well-informed manager can then adapt the distribution of tasks and define a realistic workload for each employee. Furthermore, the legal validation of the position often involves a signature or written exchange (e.g., notification to the employee) to prevent any future claims of a lack of contractual commitment.

Disputes and legal recourse in case of non-compliance

Case studies of disputes concerning job descriptions

Employment disputes often arise from a failure to comply with the job description. The most frequent scenarios are when an employer assigns tasks outside the contract without formally informing the employee, or when an employee refuses to perform a task stipulated in the document. Concrete examples include:

• A modified employment contract without a mandatory addendum, even though the initial job description outlined other duties.
• Assigning authority to an employee without a suitable contractual clause (risk of unjustified dismissal)
• A refusal by the employee to perform a task, who believes that it was not in his formalized list of tasks.

Sanctions and corrective measures for non-compliance

If the job description is not followed, the employer may face disciplinary action, which could be used against them, or a reclassification of the job's legal status. They may also be required to pay compensation to the employee for an excessive workload or an imposed change. The labor court then examines the probative value of the job description and whether the rules for notifying the employee were followed.

Corrective measures include revising the job description or resuming discussions for an amendment to the employment contract. The goal is to restore a balance that complies with internal procedures and current regulations.

Employee recourse and available legal tools

An employee whose job description is not respected (for example, a change in status or an increase in workload without an amendment) can take the matter to the labor court. The court will then verify the legal validity of the job description and its consistency with the scope of the labor code.

Before resorting to this, the employee can request contractual negotiations, drawing on HR documentation, supporting documents, and any applicable collective agreement or company-level agreement outlining the allocation of responsibilities. This step aims to prevent disputes and promote a compromise that respects legal certainty and the employer's liability.

FAQ - Frequently asked questions

Can I request my job description from my employer?

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

Is it mandatory to sign your job description?

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

Is it legal not to have a job description?

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