Question 38. If two or more Employees work at the same position, is it possible for them to have different job descriptions and different criteria for evaluating the task completion level?

Answer:

The Labour Code and guiding documents do not have any regulation to govern the contents of job descriptions and the criteria for evaluating the task completion level, which serves as a basis for the Employer to consider the unilateral termination of the LC. Therefore, the contents of job descriptions and the criteria for evaluating the task completion level will be built by the Employer based on the enterprise’s needs and business activities. Regarding the job description, the Employer and the Employee must agree on its contents as it will be an integral part of the LC. Regarding the criteria for evaluating the task completion level, the Employer must consult the grassroots labour collective representing organisations before adopting it.

From a legal perspective, apart from the basic regulations mentioned above, there is no provision of Labour law that requires the Employer to use the same job description and criteria for assessing task completion level for different Employees despite having the same job position in the enterprise. From the standpoint of human management, work and criteria for assessing task completion level when assigned to the Employee, it should be considered in other factors such as the Employee’s health, the market in which the Employee is in charge, the area where the Employee works …Therefore, in the same job position, two or more different Employees may still have a job description with different criteria for assessing task completion level as long as the Employer has reasonable explanations of the difference.