Abstract EN:

This thesis takes her origin from the legal consecration of juridical assessments techniques, instruments and procedures (legal and periodical competences and improvements discussion between the manager and workers, assessments tests, aptitudes or cognitive questionnaires, professional +check-up;), and with the reglementation of general principles of validity and lawfulness competences assessment and selection procedures for salaried. The first part describes and studies the assessment rights, enumerates the assessment opportunities (cases whenever the workers can demand to be evaluated) and presents the application ground of this right. It is also an analysis of the personnel rating methods (woks and performance controls and tests, +briefings; or interviews, questionnaires, measurements), their principles (in particular the reliability, the sincerity and efficiency conditions) and the juridical workers guarantees and protections (principles of loyalty for the investigators or for assessment centers). For example, the legislation requires a direct and necessary link between the object of the investigation (information on demand) and work. . . And also a study of the confrontation between workers evaluation rights in the personnel rating protocols and the norms of the differential psychology or the principles of job evaluation (professional classifications) and for personnel provisional organizations and management. The applications and juridical interpretations of this law of rating methods and techniques specify the subordinates professional relations between employer and salaried workers. It helps to qualify a notion of +professionality; - a precision of personal figures of professional competences or oversights and faults - in the individual and collective in work on the whole conventions. It aids me regulation and prevents conflict of responsability (first part). But the legislation and its applications remain problematic in protecting workers rights and in realising the reliability of the assessment methods (technical deficiencies; competences subjective criteria. . . ). Also employers (in using assessment procedures as a legitimate act to justify management decisions and change overs of personnel directions powers) and workers have to develop strategies. This thesis tries to give solutions and propositions. . . (second part).