Question 39. When can the Employer evaluate whether an Employee regularly fails to fulfil the tasks agreed upon in the signed LC? (weekly, monthly, quarterly, yearly)?


The Labour Code does not specify the time or period when the Employer must regularly assess the task completion level by the Employee in order to determine whether the Employee can regularly fulfil his or her assigned tasks according to the LC. Instead, the Labour Code only provides the basis for and requirement for the Employer to prescribe the criteria for evaluating the task completion level in the enterprise’s regulations (after consulting the organisations representing the Employees at the grassroots level before promulgating)[1] if they wish to unilaterally terminate the LC for the reason of the Employee’ regular failure to fulfil his or her assigned tasks. Therefore, in principle, the time when the Employer assesses the task completion level of the Employee will be based on the criteria or targets set out for his or her job which has been established according to: weeks, months or quarters. Then, the evaluation of Employee’s performance must also be made at those corresponding times. This way will ensure that there is a good comparison between the Employee’s performance results and the criteria set out for them.

The Employer should differentiate between the regular assessment of the task completion level used for determining if the Employee has regularly fulfilled his or her tasks and the annual evaluation used for considering pay raises and promotions which often occurs by the year-end.

[1]Article 36.1 (a) of the Labour Code