Preamble

HR interviews are key tools to promote the performance, development, and well-being of your employees.

It is important to note that only two interviews are mandatory according to the Labour Code: the professional interview and the fixed-days interview. Conversely, the annual appraisal interview is only optional for the employer, even if in terms of employee motivation, it is essential.

These meetings are of major importance for the follow-up of your employees’ careers and the optimization of your human resources.

Our team is here to support you in setting up and carrying out these interviews, in order to guarantee effective management of your talents and compliance with legal obligations.

1.The professional interview

1.1 Obligation and frequency

The professional interview is mandatory regardless of the size of the company and regardless of the nature of the employment contracts.

This interview must be carried out every 2 years, and systematically upon return from certain absences such as maternity leave, parental leave or sick leave of more than 6 months.

1.2 Purpose

The professional interview is devoted to the prospects for professional development, particularly in terms of qualifications and employment.

During the interview, an assessment of training and development actions are proposed.

Finally, it is a reflection on the future of the employee, on the position held and his or her professional project.

Every 6 years of the employee’s presence in the company, the interview must make it possible to draw up an inventory of the employee’s professional career, with a specific assessment. 

During this interview, the employer must ensure that the employee has benefited from a professional interview every two years over the last 6 years. In addition, the employer must ensure that the employee has completed at least one training course, has acquired certification elements and has benefited from a salary or professional progression.

1.3 Risks

If a professional interview is not carried out, the employer commits a fault and is liable to pay damages to the employee.

In addition, in companies with fewer than 50 employees, when the employee has not had a professional interview in the last 6 years, the employer must top up the employee’s personal training account (CPF) with 3,000 euros. 

Finally, it may be difficult for the employer to set up a redundancy for economic reasons.

2. The evaluation interview

2.1 Obligation and frequency

This appraisal interview is optional unless it is defined by convention or company agreement.

This interview can be organised for the year or for the semester.

2.2 Purpose 

The objective of the appraisal interview is to evaluate the employee’s performance and skills. In addition, it will be necessary to take stock of the past period and define the objectives.

 

2.3 Risks

We recommend that you conduct evaluation interviews with your employees in order to avoid their demotivation and to prevent possible resignation.

The absence of an annual interview can subsequently pose a difficulty in justifying the employee’s professional inadequacy.

3. Fixed-days interview

3.1 Obligation and frequency

The employer is required to organise an annual interview with employees on a fixed-days basis, regardless of the size of the company.

The employer must organise this interview at least once a year with the employee. The collective agreement that establishes the fixed-days or, where applicable, the employer, may provide for several interviews during the year.

We advise employers to plan for at least 2 per year.

3.2 Purpose 

The purpose of this interview is to ensure that the employee’s workload is reasonable. Thus, it ensures the health and safety of the employee.

 

3.3 Risks

Failure to comply with this obligation will result in the nullity of the annual fixed number of days agreement.

In addition, the employee may request:

• The recallof overtime from the 35th hour. Indeed, the employee will be considered to have received remuneration for 35 hours per week.
• The payment of damages for non-compliance with maximum working hours, minimum rest periods and for concealed work.

                                                                                                                                         ***

This sheet contains summarized information. Please contact us for advice tailored to your situation. We cannot be held responsible for any misinterpretation.

 

Contact

Claire APPELGHEM

HR Director/Head of Employment Law

Claire.appelghem@groupe-aplitec.com

01 40 40 38 38