Section 1: Performance of the employment contract.

The employment contract is performed in good faith.

The information requested from an employee, in any form whatsoever, may only be used to assess his or her professional skills. Such information must have a direct and necessary link with the assessment of the employee’s abilities. The employee is required to respond in good faith to such requests for information.

The employee is expressly informed, prior to their implementation, of the professional assessment methods and techniques used in relation to him/her. The results obtained are confidential. Employee appraisal methods and techniques must be relevant to the intended purpose.

No information concerning an employee personally may be collected by a system that has not been brought to the employee’s attention beforehand.

The employer may not impose any exclusivity clause for a period of one year on an employee who sets up or takes over a business, even if there is a contractual stipulation or agreement to the contrary. However, this prohibition does not apply to the exclusivity clause provided for by article L. 7313-6 for travellers, representatives or salespersons. When leave to create or take over a business is extended under…