Answer:
1. Job description
As prescribed by the Labour Code, the job description is one of the items that must be included in a LC[1]. However, each position specified in the LC will include a large number of detailed and particular responsibilities that the Employee must fulfil, so the title section of a LC cannot fully cover the scope of the Employee’s responsibilities. Therefore, in practice, the Employer often has to specify or include a job description in the LC in order to provide more details of the job that the Employee must do, which is consistent with the position or title that the parties have agreed to.
Since the job description is an integral part of or an appendix attached to a LC, the revision of that job description must be implemented in accordance with the regulations on amending and supplementing the LC. In particular, if the Employer needs to revise the contents of the job description, the Employer must notify the Employee of the items to be amended or supplemented at least 03 working days in advance. If the two parties can reach an agreement on the content to be amended, supplied, the amendment or supplement of the LC will be made by signing contract appendices or entering into a new LC. Otherwise, the parties will continue to execute the signed LC if they cannot reach an agreement on amending LC[2]. This means that the Employer cannot unilaterally revise the contents of the Employee’s job descriptions.
2. The criteria for evaluating the Employee’s task completion level
Besides the job description attached to the LC, the regulation on evaluating the task completion level is an important legal basis to evaluate an Employee’s productivity and the degree of work completion. It is prescribed that the Employer must consult the organisation representing employees at the grassroots level about the regulation on evaluating the task completion level before issuing it[3]. Therefore, the Employer cannot unilaterally revise the contents of the regulation on evaluating the task completion level, but the organisation representing employees at the grassroots level about the amendments before issuing a new regulation, or an amended or supplemented one.
Given that the Labour Code does not provide any specific regulation on the minimum period for the Employer to revise the criteria of evaluation, however, in order to maintain the stability of business operations, the Employer should build a reasonable regulation that can be applied in the long term. Constantly, changing the evaluation criteria frequently in a short time can give the competent Courts and labour management State agencies negative thoughts on the Employer if disputes arise in relation to the unilateral termination of the LC for the reason that the Employee regularly fails to complete his or her tasks.For example, due to having no satisfactory reason to terminate the employment of the Employee, the Employer changes the criteria on evaluating the task completion level for the purpose of dealing with the Employee.
[1]Article 21.1 (c) of the Labour Code
[2]Article 33 of the Labour Code
[3]Article 36.1 of the Labour Code
