Necesitatea motivării rezultatului evaluării profesionale a salariaților. Sinteză de practică judiciară comentată
The right of the employer to carry out the professional evaluation of the employee, as a manifestation of subordination in labor relations, is of particular importance for employees, with implications on salary income, promotion possibilities and even in the case of dismissal. For this reason, the professional evaluation cannot be carried out by the employer in a purely discretionary way and guarantees must be recognized for the protection of the employees' rights against possible abuse by the employer. Under these conditions, in judicial practice the question arose as to whether the professional evaluation report must be motivated or not, given that the results of the evaluation of some of the professional skills cannot be contested in front of a court, while other evaluation criteria are susceptible to verification in case of litigation. The motivation of the evaluation result constitutes a guarantee for the employee that the evaluation is not purely discretionary, abusive, is carried out in good faith and responds to the purpose for which it is carried out. The article presents a synthesis of jurisprudential solutions accompanied by the author's comments that support the conclusion that the evaluation report must always be motivated, even in the case of criteria that concern competences whose evaluation cannot be challenged before a court and even more so in the case of those that can be contested.
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