French labour law - The professional interview and the annual evaluation interview can take place on the same day but the professional interview cannot address evaluation questions (c. cass. July 5, 2023, n°21-24.122)
Article L6315-1, I, of the Labor Code does not prevent the assessment interview and the professional interview from being held on the same date provided that, when the latter is held, the evaluation questions are not raised.
This is what the Court of Cassation affirms in a judgment of July 5, 2023 (n°21-24.122).
Pursuant to article L6315-1 I of the Labor Code, in its version prior to Law No. 2018-771 of September 5, 2018, the Court of Cassation affirms that
“the employee benefits every two years from a professional interview with his employer devoted to his prospects for professional development, particularly in terms of qualifications and employment. This interview, which does not relate to the employee's evaluation, results in the drafting of a document, a copy of which is given to the employee.
It follows that this text does not prevent the assessment interview and the professional interview from being held on the same date provided that, when the latter is held, the assessment questions are not mentioned.
The legal provisions do not require these interviews to be held on different dates.
She dismisses the appeal on this point.
To read the full brief, click on the link below.
Pour lire l’intégralité de la brève, cliquez sur le lien ci-dessous.
Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
.Paris: 34 rue Petrelle 75009 Paris tel: 0142560300
.Nantes: 41, Quai de la Fosse 44000 Nantes tel: 0228442644
.Lille: : 45, Rue Saint Etienne 59000 Lille – Ligne directe +(33) 03.20.57.53.24