Do annual meetings have to be recorded?
Some fear them, others use them to prepare new career steps or negotiate a bonus: Annual appraisals with superiors. What applies under employment law.
How has performance been over the past few months, what problems have there been, what went particularly well, what went less well - and what are the future goals? All of this is often discussed in companies in so-called annual appraisals with employees. But when do line managers have to record these meetings and present them to employees for signature?
There are no legal regulations on this. In many companies, however, there are regulations in employment contracts or works agreements regarding the conduct of annual appraisals.
"In some cases, these also regulate formal requirements such as recording and signing in great detail," says employment law specialist Alexander Bredereck. "In this case, the requirements are binding."
Signed minutes have evidential value
In the absence of such regulations, the annual meeting does not necessarily have to be recorded. In any case, however, employees should only sign minutes if they believe them to be accurate. Because once signed, minutes have evidential value. What is recorded there is deemed to be agreed.
This can play a role, for example, when it comes to bonus payments or promotions. In theory, the minutes can also be used to assess your own performance in your reference letter.
"If the employer writes in the minutes: 'We agree that the performance is 75 percent fulfilled. And I am of the opinion that I have fulfilled it 100 percent, then I should not sign it," says Bredereck. "Because otherwise it has evidential value and then it's difficult to get away from it."
No obligation to sign
"However, there is no obligation to sign a protocol that is untrue," the employment law expert reiterates.
If they refuse to sign the minutes of the annual review, employees do not have to expect any consequences under employment law: Refusing to sign the minutes is not a valid reason for dismissal. The only thing to bear in mind is: "In a small company, the employer can of course always dismiss me. He doesn't need a reason to do so," says Bredereck. "However, the question is whether corresponding minutes are kept at all in small companies. This is usually not the case."
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- As an advisor, Alexander Bredereck often provides insights on employment law matters, such as the necessity of recording annual appraisals and the significance of signed minutes.
- An employer might specify in the employment contract or works agreement the requirement for recording and signing annual appraisals meetings, regarding issues like bonus payments or promotions.
- In the event that an employee finds the minutes inaccurate, they have the right to refuse signing, maintaining that there's no legal obligation to approve untrue statements, which may have evidential consequences.
Source: www.ntv.de
