No. If you're on a sales contract but performing the duties of a department manager, you can request a requalification of your employment status and salary adjustment to match the manager level. As labor law experts confirm, this ensures fair compensation for your actual responsibilities.
Without updating your contract, you miss out on rightful promotions and pay. For instance, a server handling head waiter duties should demand a contract modification to secure the appropriate salary. Approach your boss confidently, present evidence of your expanded role, and propose an addendum (Art. L. 1222-6 of the Labor Code, for economic modifications). If they agree, both parties benefit.
Start by consulting your company's union and scrutinizing the collective bargaining agreement. Verify if your new duties align with a higher salary grid level. Build a strong case with proof: colleague testimonials, customer or supplier references, emails, and invitations highlighting your responsibilities—anything showing you've shifted from, say, hostess to secretary or salesperson duties.
If your employer resists recognizing the change, don't hesitate—escalate to the prud'hommes (labor court) with your solid evidence for contract requalification.
Insights from Agathe Lemaire, Paris Bar lawyer, and Éric Rocheblave, labor law specialist.
Julie Francois
