France: Performance Evaluation Must be Based on Precise, Objective, and Pertinent Criteria
Evaluating employees’ performance based on their “optimism”, “honesty” or “common sense” is not compliant with French law.
On October 15th, 2025, the French Supreme Court ruled that performance evaluation criteria such as “optimism”, “honesty” or “common sense” were too vague and imprecise and could not be used to evaluate employees’ performance. Only criteria which are precise, objective and pertinent because having a direct link with the employee’s activity could be used.
For memory, according to French law, there is no obligation for employers to implement any performance evaluation system. If they wish to do so, this requires consulting the Works Council and informing employees before implementing this system.
Key Action Points for Human Resources and In-House Counsel
Ensure that your annual performance evaluation criteria comply with French law.
