Answer:
From a legal perspective, the Labour Code only prescribed generally that the Employer must prescribe the criteria for evaluating the task completion level in the enterprise’s regulations after consulting the organisation representing employees at the grassroots level in the case of the enterprise that has such an organisation but does not give instructions about how to build the criteria for evaluating the task completion level. Therefore, depending on the characteristics of business activities, labour forces, labour qualifications, Employee’s education backgrounds, and its own circumstances to build an appropriate regulation on evaluation. Thus, the Employer has the right to set their own principles in building the criteria for evaluating the task completion level which is applied to jobs of different natures.
In practice, an enterprise should have many departments with different functions and jobs. It is not feasible and reasonable to build mutual criteria for evaluating the task completion level used for all jobs. This is why the Employer often separates the evaluation criteria between: (i) the group of jobs whose productivity evaluated based on products or specific results, e.g. sales, marketing and production positions; and (ii) the group of jobs whose productivity that are to able to be evaluated based on products or specific results, e.g. accountants, secretaries, administrators. So, the evaluation of the jobs with quantitative and qualitative natures will be built according to the following criteria:
- For the jobs whose productivity is evaluated based on products or specific results:
- The key performance indicators (KPIs) and the performance evaluation criteria dependent on the nature of every job. For example, for a sales department:
- Sales/Number of products sold/Revenue Growth Index;
- The proportion of customers in the region, the scale of the region in charge/Expansion rate of the market, customers; and
- Customer relationship skills.
- For the jobs whose productivity cannot be evaluated based on products or specific results:
- The key performance indicators (KPIs) and the performance evaluation criteria may be dependent on the job’s requirements and the task completion level. For example, for a legal department Employees:
- Legal Knowledge/Practical Experience;
- Problem-solving ability; and
- Ability to meet workloads
In addition, please be noted that the requirements and performance indicators which are prescribed in the regulation on evaluating the task completion level must be achievable, reasonable and consistent with the law in order to ensure the effectiveness of that regulation.
