We are pleased to present the latest edition of our newsletter. In this issue, we focus on performance evaluations and performance improvement plans (PIPs) from a labour law perspective across the ILLN member states, including most European Union countries, the United Kingdom, and Switzerland. Such instruments play a central role within the employment relationship, shaping employees’ career trajectories, informing decisions on remuneration and promotion, and — in more challenging circumstances — forming the documentary basis for disciplinary proceedings or termination.

Although the legal framework, terminology, and employer obligations vary between jurisdictions, performance evaluations and PIPs generally serve to provide a structured and objective assessment of an employee’s output, conduct, and development, while balancing the interests of both employer and employee.
In many European countries, the use of such instruments is governed by statutory provisions, collective agreements, works council consultation requirements, or established practice, often giving rise to specific obligations as to transparency, procedural fairness, and the employee’s right to be heard or to contest the assessment.

This newsletter provides a comparative overview of how performance evaluations and performance improvement plans are regulated and used in selected ILLN jurisdictions. It examines, among other issues, whether employers are required to conduct formal evaluations, the scope of criteria and metrics to be assessed, employees’ rights to participate in or challenge the process, procedural safeguards applicable to performance improvement plans, and potential liability arising from their misuse or improper implementation.

This cross-jurisdictional perspective highlights both shared principles and key differences in approaches to performance management within the employment relationship across Europe.
We hope you will enjoy reading this edition.