Professional interview: what does the new deadline change?
The health context is changing the face of work organisation, with the workforce switching to compulsory teleworking and annual interviews taking place via screens.
New operational upheaval to date: the postponement of mandatory job interviews until 30 June 2021 inclusive. After this deadline, the company is exposed to severe sanctions.
What does the law say?
Bi-annual professional interview
As a reminder, since the law of March 5, 2014, the professional interview is mandatory for employees with more than two years of seniority. It must take place every two years, starting from the date of joining the company and then from the date of the previous interview. The obligation concerns all companies and employees (fixed-term, permanent, full-time, part-time, etc.), with the exception of temporary workers, subcontractors and employees on loan.
Different from an annual appraisal interview, it provides an opportunity to discuss career development prospects (promotion, change of position, mobility, new responsibilities).
The professional interview must be systematically proposed to any employee who resumes his activity after a long period of interruption due to :
- maternity or parental leave
- adoption leave
- sabbatical period
- compassionate leave
- sick leave of more than 6 months
This "balance sheet" or "inventory" interview takes place every 6 years (the last one having taken place in 2014). This meeting provides a summary of the employee's career path. In particular, it makes it possible to check that the employee has followed at least one training course or acquired a professional certification through training or the validation of acquired experience (VAE) over the last six years and has benefited from a salary or professional progression.
The law does not give any particular formalism, so the convocation can be done by any means. A document that will serve as a guideline for the interview can be attached so that the employee can properly prepare for the interview.
However, since maintenance counts as actual working time, it must take place during working hours and on the premises.
The interview must be documented in writing.
What does VIDOC-19 change?
Due to the pandemic context, the professional interviews that were to take place between 1 January 2020 and 31 December 2020 may be postponed until 30 June 2021.
This includes the biennial professional interviews and the "balance sheet" interviews held every six years.
What does the employer risk in case of non-compliance?
With this new deadline, extended to June 30, 2021, companies will not be able to be audited and sanctioned before this date for non-compliance with their legal obligations. On the other hand, in the event of non-compliance despite this additional deadline, they will be liable to be inspected and sanctioned from 1 July onwards.
In the event of non-compliance with the obligations, the employer runs the risk of having to top up the employee's personal training account (CPF) by up to 3,000 euros. The employee, for his part, is entitled to claim damages for non-compliance with the legal obligation. In this case, the employee will have to prove that he has suffered actual damage as a result of the breach.
Besides the legal obligation, why is it important?
At Elevo, we often point out how important it is to plan regular feedback and not just the famous "annual maintenance". However, remember that the effectiveness of such interviews is in line with your company's culture and its ability to free up employees' words. As a sign of empathy on the part of the employer, professional interviews are an opportunity to allow constructive exchanges that lead to a better recognition of the employee and his potential and therefore to greater well-being at work. It is also a way of proving that increasing competence and achievement at work are not just fine words but also commitments and concrete actions.
By listening to and taking into account employees' points of suffering or wishes for development, you will help to value their individuality and restore confidence at work. With less turnover, it is the employer brand and its corollary, the experience of the employees, that will say thank you.