Obligations and rights for employers and employees
The law does not require the employer to evaluate its employees, but it can be imposed on it by the collective agreement.
In this case, the employer must comply with the provisions laid down (mandatory appraisal interviews, frequency and content of these interviews, etc.) under penalty of compensation for the employees.
Even if there is no provision in the collective agreement, the employer has the right to evaluate its employees.
The employee cannot refuse to be evaluated by his employer, if he has previously been informed of the professional evaluation methods and techniques used in the company. They must be objective and transparent (no discriminatory evaluation criteria, nor criteria likely to generate stress).
See the reference text
Implementation methods
The purpose of the evaluation of an employee in the company is to assess his or her professional skills. The evaluation can take the form of, for example:
An annual interview,
An employee rating system,
A distribution of employees into different categories.
If the employer sets up an evaluation system, it must concern all the company's employees.
Personal data may be collected as part of the employee's evaluation, if the system has been brought to the employee's attention beforehand. If the personal data collected is stored in a computer file, it is protected under the General Data Protection Regulation (GDPR).
In addition, the results obtained are confidential: only the employee concerned can know them.
It should be noted that the employee is not allowed to be assisted by a staff representative during the interview.