Clauses and employment contract

Tasks, bonuses, leave, working hours… The employee has several important clauses in his employment contract which he can and must have indicated.

Its function and details of the tasks

It is in the employee’s best interest to specify his position in his employment contract, as well as the details of the tasks he will be required to perform. If the employer wishes to mention in the employment contract that these tasks may evolve according to the needs of the company, or if he specifies that the list of tasks is not exhaustive, this does not give him all the rights in terms of task modification.
If he can add tasks relating to the professional qualification of the employee (for example, having a saleswoman work in the tights department in the men’s clothing department), on the other hand, he cannot assign him tasks which would be completely unrelated to his qualification. professional: for example, giving a painter the sole task of cleaning the floors of a construction site. The employer also cannot remove important responsibilities from the employee, such as, for example, removing tasks related to merchandising and marketing from a store manager. In this case, there would be a modification of the employment contract.

Their status and professional classification

The employee must also clarify his status (worker, employee, manager, etc.), and especially his professional classification (grade, hierarchical level, etc.), because these elements sometimes determine a certain number of rights. For example, in collective agreements or in company agreements, there are salary scales applicable according to the classification of the employee. In principle, the employer cannot pay remuneration lower than the amount of remuneration which appears in the salary scale. In the event that there is a collective agreement (which is not always the case), the employer must indicate which one applies in the employment contract. If the employer does not indicate this, it is in the employee’s interest to have it specified so that things are clear.

His remuneration and salary elements

First of all, the employee must check that the employer specifies his gross remuneration in the employment contract, and not only the net remuneration to be paid. Indeed, this will allow him to check whether this gross remuneration corresponds to that indicated in the salary scale of the collective agreement (in the event that there is one) since the sums are mentioned there in gross.
Secondly, if it was planned during the negotiation that the employee will benefit, in addition to his basic salary, from bonuses (for example, a 13th month bonus or an objective bonus), from benefits in kind (company vehicle, telephone or laptop, for example), or even an increase in salary after a certain number of months of presence, it is in his interest that all this is clearly indicated in his contract work to provide proof in the event of a problem. It is also in the employee’s interest to specify the number of paid holidays that he will acquire per month worked, as well as the number of RTT days to which he will be entitled per month.

His working hours

The duration of work must be specified in the employment contract: this is a very important element, except for senior executives who are not subject to the legal duration of work. Regarding working hours, you should know that this is not a mandatory statement, except for part-time employment contracts. However, it is still appropriate to specify the applicable working time to avoid any subsequent difficulties regarding arrival and departure times, or the duration of lunch breaks.
If working hours are, for personal or family reasons, a determining element of their commitment within the company, the employee has every interest in having them indicated in their employment contract to avoid any ambiguity with the employer.

Specific clauses

The employee can have certain specific clauses specified in his employment contract. For example, if the employer wants to offer him a non-competition clause, which will apply after the termination of the employment contract and which will prohibit him from working for a competitor, the employee has an interest in ensuring that this clause is the most favorable for him, that is to say that it is limited in time or space, and that financial compensation is provided. If the employee considers that his position or that the interests of the company do not justify a non-competition clause, he must negotiate the withdrawal of it. Concerning the clauses relating to legal notice of dismissal or resignation, the employee can specify in their employment contract what their duration will be. He can, if he sees an interest in it, negotiate with the employer a dismissal notice clause that is as long as possible in relation to what is stipulated in the collective agreement or, where applicable, the labor code. For the notice of resignation, he can also try to negotiate with the employer a duration that is shorter than that provided for by the applicable collective agreement.

DAMY Law Firm , Nice, Clauses and employment contract, Updated 2022