The employer can, with specific conditions, shows the better results inside the place of work, based on the individual assessment.
Anyway, it should be remembered that this action can not show other employees to the stigma and breach their personal rights. According to the article 11 paragraph 1 of the Labour Code (LC), the employer must respect the dignity and the other personal right of the employee, while the article 2 paragraph 2 of the same legislation require that the employees must be treated at the same way from him. For this reason, the situation that will breach this good or will take to discrimination for employees must be avoid.
For this reason, the employer must pay attention when he publics these informations.
In addition, the employer, when apliques the GDPR disposal, must take care of data minimization principles and purpose limitation. This means that personal data come from an employee in order to end an employment relationship have not been used for other purposes.
The Labour Code does not take care of the employees assessment made by the employer while some specific legal acts do that.
For example, according to article 81 paragraph 1 of the Civil Service Act, a public employee and a public servant that are hired based on a permanent work contract are submitted to a periodical assessment from the immediate superior. For their part, the criterias for the periodical assessment of an employee are included into the Regulation of the First Minister of April the 4 of 2016 on conditions and procedures for carrying out of periodical assessment of public employee and public servant.
Anyway, the dispositions above mentioned do not offered a legal base for the employer for the publication of periodical assessment of his employees. In any case, the employer must have a legal disposition for his actions in order to not breach personal rights and the employee’s privacy.
The employers can develop an incentive system for employers in order to increase their efficiency and so improve the work quality.
Anyway, this should not be at the expenses of other.
This means that this system should not permits to employees of being identified with individual assessment. The employer could, for example, differentiate some person with better results, in order to reveal who has received the worse results.
Therefore, you should not display the results of the employee evaluation in a place accessible to all, showing which one worked best and which did the worst. It is the job of the employer and not of the other employees to assess the work of employees and to verify it.
The processing of employees’ personal data for the smooth and efficient functioning of the workplace can be based on the legitimate interest of the controller.
In view of the legitimate interest of the controller, the employer should carry out the so-called balance test. This means, in practice, that the employer must demonstrate that his interest is overriding the interests or fundamental rights and freedoms of the data subject (Article 6, paragraph 1, letter f of the GDPR). He should also consider whether he can improve productivity and quality of work by using other tools that are less interfering with the employee’s privacy.
SOURCE: AUTORITA’ PER LA PROTEZIONE DEI DATI DELLA POLONIA – UODO