Professional development review: what employers really risk if they are non-compliant
The professional development review is mandatory every two years for each employee with at least two years' service, and after certain absences (maternity leave, sick leave exceeding six months, parental leave). Every six years, the employer must conduct a summary review. If the employee has not benefited from at least one non-mandatory training action over this period, the employer must top up their CPF (French personal training account) by 3,000 euros, in companies with 50 or more employees.
What the law says
The professional development review was created by the Law of 5 March 2014 on vocational training, and strengthened by the Law of 5 September 2018. It is codified in Articles L.6315-1 et seq. of the French Labour Code.
It is distinct from the annual appraisal. Its purpose is not to assess employee performance, but to support their career development prospects, particularly in terms of qualifications and employment.
How often and in what circumstances?
The professional development review must take place every two years. It must also be organised systematically when an employee returns after certain absences: maternity leave, parental leave, carer's leave, sabbatical, part-time work after maternity or parental leave, long-term sick leave (more than six months), trade union mandate.
The six-year summary review
Every six years from the date of joining the company (or the date of the last summary review), the employer must conduct a summary professional development review to take stock of the employee's career.
This review must verify that, over the past six years, the employee has benefited from all planned professional development reviews (i.e. three reviews), at least one non-mandatory training action, and at least one of the following: acquisition of certification elements through training or validation of prior experience (VAE), salary or career progression.
The penalty: a 3,000-euro corrective top-up
If, at the six-year review, the employee has not benefited from at least one professional development review and at least one non-mandatory training action over the period, the employer must top up the employee's CPF (French personal training account) by 3,000 euros.
This penalty applies in companies with 50 or more employees. The top-up is paid to the Caisse des Dépôts, which manages the CPF. The labour administration may also require the employer to pay an additional contribution.
How to secure compliance
Schedule reviews in the HRIS (Human Resources Information System). Keep signed minutes. Link each review to the skills framework and to the skills development plan so that training actions are traceable skill by skill. Do not confuse the professional development review with the annual appraisal: they have different purposes, legal bases and documentation.