Nearly 10% of the offers listed on the site, Pole employment would be unlawful, revealed a recent study of the operator. A mistake that can cost the recruiter.

A company that is recruiting on the Internet, in the press or via the public service should be particularly vigilant. The drafting of an offer of employment is subject to precise rules that are still unknown, as is revealed by a recent study of employment centre.

yet, They have far-reaching consequences. The natural person or legal entity found guilty of discrimination will incur a disciplinary sanction (if it is an employee of the business) and criminal penalties (up to three years of imprisonment for the head of the company and a 45 000 € fine).

mentions discriminatory prohibited

During a recruitment, discrimination in any form is prohibited. There are several things that the recruiter , not the right to write. The chances among the various candidates for employment must be equal.

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Here are the particulars-discriminatory, non-authorized cited in the article L1132-1 of the labour code:

1 / Not nationality possible, by asking, for example, the presentation of the voter card. It is not possible to specify “French candidate” or “candidate corse”, a phrase such as “good knowledge of Corsica” will be more correct. Require the mastery of a foreign language (or regional) could be considered discrimination if it is not in direct link with the requirements of the post (read below).

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2/ Not ad gender: offer may not refer only to one gender for the applicant sought, in the words with both sexes “H/F” should appear after the title of the post (an exemption exists for the artists that are playing a role, mannequins and models), it is thus necessary to proscribe the announcement type “hostess to male clientele”.

3/ No mention on the mores , the sexual orientation or gender identity as possible. Any offer stating “a person is well integrated in the mid-homosexual” or crossing the variables “marital status, place of residence and number of children” to understand sexual orientation are discriminatory.

4/ No age requirement : an age limit minimum can be specified only for jobs with hazardous work or alcohol. Attention, the “contract student”, “student job” or “research student” is discriminatory.

5/ Not mention on a family status desired: offer may not mention “single”, “childless”, or “free of any family obligation”.

6/ No requirement of membership or non-membership of an ethnic group, nation or race . The offer may not, for example, not to mention “a butcher israelite to a butcher shop kosher”.

7/ Not to mention the views policy, trade union activities or mutual. The position may not require “to be a member of the party would be a more”.

8/ No research based on the religious beliefs : The secretariat of a parish could not require, for example: “the candidate must have made his confirmation”.

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9/ No discrimination based on health status : any mention of the type “person who is in good physical condition”, “position reserved for a person with a disability”, “good stress” or “valid person” is to be avoided.

10/ The request for an extract of criminal record virgin , says bulletin no. 3, is permitted only for certain types of jobs: public service (police, army, gendarmerie, school teacher…), or the private companies guarding, monitoring, security, transport of funds, and bank employees. In addition, the professional registration of certain regulated professions must also be accompanied by the criminal record number 3 (lawyer, dentist, doctor, architect, pharmacist…).

note, the bulletin n°3 includes only the convictions for the most serious and the sentences of imprisonment without suspension of (revocation, conviction of crime with penalty of imprisonment, not suspended). The minor offences listed provisionally on the bulletin n°1 and those recorded permanently on the bulletin n°2 do not have to be brought to the attention of the employer which would violate the limit due to the respect on the personal life of the candidate.

The legal information required on a job offer

The drafting of the job offer should include a maximum of details to avoid the induce in the candidate error. Here’s the legal disclaimer that it must include:

• the date of publication or posting online,

• the name of the employer,

• the title of the post (not discriminating),

• the description of the position

• the job location and work schedules (full-time, part-time),

• the description of the profile of the candidate sought,

• the type of contract (CDI, CDD, apprenticeship contract, contract, interim…) and its duration. Attention, any mention blurred on the type of contract, such as “CSD follow-up of a CDI”, “CDD scalable”, “job temporary employment contract in view of hiring” is not allowed,

• the contact address to send CV.

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The information written on the offer of employment must be written in French, and should not include text written in a foreign language, whether for jobs on the French territory or edited by a employer in French.

If the knowledge of a foreign language is requested, only the words “bilingual”, “current”, “concepts” or “technique” can be used. And it must be justified by the position.

Read our complete file

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All the information contained in the offer of employment must be real and verifiable (place of work, level of responsibility…).