Employer in France : mandatory professional interviews

We would like to remind you of the obligation of all employers in France to organise bi-annual professional interviews with employees on their professional development and future prospects. The number of employees and their seniority are of no importance.
 
What is it about?
1.The subject of the bi-annual interviews is the professional development and qualifications, experience and future prospects of employees (promotion, training). It is therefore not a classic evaluation interview, although the two types of interview may be conducted consecutively. The employee should also be informed about:

• the activation of his personal training account (CPF) ;
• the contributions that can finance his CPF;
• advice for professional development and for Validation des Acquis de l’Expérience (= validation of acquired experience, VAE).

2. You must in any event hold this interview every two years, as well as after long periods of absence (when employees return to work following maternity leave, a sabbatical year, parental leave, a long-term illness, etc.).

3. You must make and keep a written record of this interview. The interview may take place by videoconference. 

4. If applicable, you must inform the CSE of the conversations. After 6 years of seniority, an inventory must be drawn up, which includes all reports of the bi-annual interviews and which shows the professional path of the employee. This record must confirm that the biennial interviews have effectively taken place and that :

• At least one training course was attended, or certificate was obtained via training/ VAE by the employee;
• A  progress was made in terms of functions/wages.

What if you do not comply?
The sanctions depend on the size of the company:

For companies with more than 50 employees
If you, as an employer, do not fulfil these obligations (the interviews have not taken place, nor has the employee followed at least one training course other than the compulsory ones provided for in article  L 6321-2 Code du travail), you may be sanctioned via the payment of a correction contribution to the "compte personnel de formation" (CPF) amounting to 3.000 EUR per employee.

For companies with less than 50 employees
The financial penalty of 3.000 EUR does not apply here, but employees may claim compensation based on the employer's failure to fulfil its obligations.
 
We remain at your disposal for further questions on this matter. We can also provide you with a template for the two-year and six-year reports.