No. An employee who has a salesman's contract but who fulfills the function of a department manager can request a requalification of his status and salary reminders on the basis of that of a department manager.
No modification of the employment contract, no professional development! Clearly, a server who does the job of a head waiter has an interest in demanding a modification of his contract if he wants to receive the salary for his position that he really occupies. You have to take your courage in both hands, talk to Duboss about it and prove to him that you deserve this salary, given the new missions entrusted to you. If he is convinced, he wins! All that remains is to sign an addendum to our contract (Art. L. 1 222-6 of the Labor Code, in the event of a modification for economic reasons).
We inquire with the union of his company and examine his collective agreement with a magnifying glass. You have to be sure that it is worth being outraged. Depending on the position initially held and their current qualifications, you are on the minimum salary grid to see if you have changed levels. Afterwards, we concrete our file with evidence:we ask colleagues for certificates, we collect testimonials from customers or suppliers, we keep emails and invitations that show what our attributions and responsibilities are... In short, everything that certifies that 'instead of doing the job of a hostess, we fulfill the tasks of the secretary, or even of a salesperson.
If Duboss doesn't want to recognize that our role has changed, we don't back down. Let's go to the prud'hommes to have our contract requalified (if we have a serious file).
Thanks to Agathe Lemaire, lawyer at the Paris Bar, and Éric Rocheblave, lawyer specializing in labor law.
Julie Francois
