Work Assignment

The employee’s work tasks are usually set out in the employment contract. If the employment contract has not been concluded in writing, the employer must provide the employee with a written report setting out the employee’s principal work tasks by the end of the first salary payment period.

Work tasks are usually set out in broad terms in the employment contract. It is customary to only record the principal content of the work tasks at the commencement of the employment relationship. The clause in the employment contract setting out the work tasks may e.g. be drafted as follows: “The employee has a duty to perform sales tasks assigned to him/her and other duties possibly assigned to him/her by the employer”. It is desirable to set out the work tasks accurately to avoid ambiguity, but also leave room for the employer to assign the employee to undertake other tasks.

The employer may by reason of his supervisory right unilaterally alter the employee’s work tasks during the employment relationship. The scope of the employer’s right to alter the employee’s work tasks depends on the precision with which they are set out in the employment contract. If the work tasks are defined unambiguously in the employment contract, the employer may not unilaterally alter them by reason of his supervisory right if such alteration would result in them not corresponding to what is set out in the employment contract. Consequently, it is desirable from the employer’s perspective to define the work tasks in broad terms.