Every two years, companies are obliged to organize a professional interview with their employees to discuss their career path and development prospects. While this discussion may provide an opportunity for an employee to make a request for development, it is not a conventional appraisal interview: it is a key moment governed by the French Labor Code.
How should employers prepare for and manage these requests? What are their rights and obligations, and what risks do they need to anticipate?
A structured legal framework: the biennial professional interview
Since the 2014 reform of professional training, Article L. 6315-1 of the French Labor Code requires employers to organize a professional interview every two years, separate from the appraisal interview.
This discussion focuses exclusively on the employee’s career development prospects: acquisition of new skills, internal mobility, training needs, plans to move up the hierarchy or salary scale, etc.
The professional interview is mandatory and must be formalized. Every six years, the employer must also propose a summary of the employee’s career path.
Case law: the professional interview under the judge’s eye
Recent case law confirms that the professional interview is an employee’s right, and that its organization is a legal obligation for the employer.
📌 Lyon Court of Appeal, November 30, 2023: an employee claims that her employer failed to meet its obligation to conduct a professional interview. As a result, the company is ordered to pay €3,000 in damages for failure to comply with the obligation to provide information and follow-up.
This type of decision shows that negligence in this area can lead to litigation, particularly if the employee considers that his career has stagnated without justification.
What can (or should) the employer do when faced with a request for development?
During the professional interview, an employee can :
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Request training,
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Request a hierarchical development or a change of position,
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Seek an increase in responsibilities,
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Or express a desire for internal mobility.
The employer is not obliged to accept these requests, but must :
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Listen and explain your answer,
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Guarantee equal treatment for all employees,
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Propose realistic alternatives if the project is not immediately feasible.
Advice from a lawyer: secure the professional interview and the management of change
As an employer, here are 5 best practices for securing your professional interviews:
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Prepare each interview in advance with objective information on the employee’s career path.
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Document exchanges: draw up a framework and keep signed minutes.
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Respond clearly to requests for change: justify each position.
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Anticipate disputes: ensure equal treatment to avoid any discrimination or breach of equality.
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Propose realistic alternatives: coaching, training, mentoring, deferred promotion.
Legal references
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Article L. 6315-1 of the French Labour Code
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Lyon Court of Appeal, November 30, 2023, no. 21/05324
