Can employees be fired if they are at the bottom of the performance appraisal? Why?

If an employee comes last in performance appraisal, can I fire the employee? In other words, can the elimination of the last place be used as the basis for terminating the labor contract?

Let me give you the answer first. Elimination from the last position does not mean incompetence for the job. If the company cannot provide evidence of incompetence and fails to follow legal termination procedures, it will illegally terminate the labor contract. Businesses need to bear legal responsibilities.

01 Why can’t the last-place elimination system be used as a basis for terminating a labor contract?

Dismissal, from the perspective of the Labor Contract Law, is called "termination of the labor contract" in professional terms. If an enterprise wants to unilaterally terminate the labor contract with its employees, there are four ways to summarize:

In actual work, many enterprises have implemented the last-place elimination system. Once an employee If an employee ranks last in the performance appraisal, the employee will be fired based on the following: non-fault termination or termination of the employee's labor contract due to incompetence. Is this legal?

? What is the last elimination system?

First of all, let’s take a look at what is the “last elimination system”? The last elimination system is to eliminate the employees with the lowest performance after performance appraisal.

The last-place elimination system originated from the United States and was proposed by Jack Welch, the former CEO of GE. As a performance appraisal and incentive method, the last-place elimination system is widely used in the world's top 500 companies, such as GE and HP. Currently, some well-known Chinese companies are also implementing the last-place elimination system, such as Huawei and Haier Group.

The last-place elimination system has advantages and disadvantages, and is not suitable for every enterprise. From a management perspective, this article will not analyze it; this article mainly discusses it from a legal perspective. , can an enterprise terminate the labor contract with its employees based on the last-place elimination system?

? Why can’t the last-place elimination system be used as the basis for terminating a labor contract?

According to the last-place elimination system, if an employee ranks last in the performance appraisal, the company will fire the employee, that is, terminate the labor contract with the employee.

As mentioned above, there are four ways for an enterprise to unilaterally terminate the labor contract with its employees, and the last-place elimination system is based on the third non-fault method. The question is whether being eliminated from the last place means being incompetent for the job?

According to this law, if an enterprise wants to terminate the labor contract with an employee on the grounds of incompetence, it must meet three conditions: The employee must be certified If the employee is unable to perform the job; the employee needs to undergo training or adjust his or her position; if the employee is still unable to perform the job, the company must provide evidence.

For example, what are the criteria for competence? What is the basis for incompetence? This is related to the company's performance appraisal system, assessment indicators, assessment standards, assessment methods, etc.

The last elimination system is when the company eliminates employees with poor performance. Due to different job responsibilities, companies generally use position serial numbers to eliminate employees with similar position serial numbers. The last place is eliminated internally.

On the one hand, there are differences in abilities between employees in different departments. Maybe the bottom employee in department A has better performance than the best employee in department B. This is all It is possible; on the other hand, the assessment based on the last-place elimination system is relative. For example, based on performance, ranking from high to low, if an employee is ranked last in the performance assessment, it only means that his performance is worse than that of other colleagues, but it does not mean that his performance is worse than that of other colleagues. He just wasn't up to the job, and the two shouldn't be confused.

In summary, being eliminated from the bottom position does not mean being incompetent for the job. Enterprises cannot use elimination from the bottom position as a basis for terminating the labor contract.

If an enterprise implements the last-place elimination system and wants to fire employees whose performance appraisals rank at the bottom, it must be done legally in accordance with the provisions of Article 40 of the "Labor Contract Law" Lift it, otherwise it will be illegal.

Summary: It is illegal for companies to use the last-place elimination system, that is, to fire employees whose performance appraisals rank at the bottom. Elimination from the bottom does not mean that they are incompetent for the job.

02 How can an enterprise terminate the labor contract of an employee due to incompetence?

As we have analyzed above, companies dismissing employees according to the last elimination system is untenable in terms of "law". So how can companies legally dismiss employees? Terminate the employee's labor contract on the grounds of incompetence for the job.

To terminate the labor contract with an employee on the grounds of incompetence, the statutory termination conditions must be met and the statutory termination procedures must be followed.

? Statutory conditions for termination

According to Article 40 of the Labor Contract Law, on the grounds of incompetence for work To terminate the labor contract with an employee, three legal conditions need to be met: the employee is proven to be incompetent for the job; the employee needs to undergo training or adjust his position; the employee is proven to be still unable to do the job.

Enterprises bear the triple burden of proof for the above three conditions. It is not enough to simply say that employees are not qualified for the job. This involves the formulation of performance plans and performance plans for enterprise performance management. Performance appraisal, performance feedback and other aspects.

For example, has the performance plan been confirmed in writing by the employee? Do the performance goals comply with the SMART principle, and are the performance evaluation methods objective, fair and impartial? If these are unreasonable, they will not be recognized by the judicial department, that is, they cannot be used as evidence that the employee is not competent for the job.

? Statutory termination procedures

To terminate the labor contract with an employee on the grounds of incompetence, the company needs to terminate it in accordance with the law Procedure:

Step 1: Incompetence for the first time

If the company has evidence to prove that the employee is not competent for the job, the following measures will be taken: The method is to transfer or train. Employees can make their own choices, or the company can decide on its own.

It should be noted that after the job transfer, the new position must have job responsibilities. Within a certain period of time, the company will conduct performance appraisals of employees in the new position; if there is training, there must be training Record and employee signature for confirmation.

Step 2: Incompetence for the second time

The employee is still incompetent for the job after being transferred or trained. Of course, the company also needs to provide evidence. At this time, the company can unilaterally terminate the labor contract with the employee in accordance with the provisions of the Labor Contract Law.

Better companies will give their employees another chance, such as retraining.

Step 3: Give 30 days’ written notice in advance or pay one month’s salary (pending notice)

The enterprise shall comply with The Labor Contract Law stipulates that to terminate a labor contract with an employee on the grounds of incompetence, the employee must be notified in writing 30 days in advance; or a one-month notice payment may be given, and the employee may be terminated immediately.

If the statutory conditions for termination are met and the statutory termination procedures are followed, it is legally legal and can be done in this way. However, in actual work, it is not recommended that companies use incompetence for work. It is not good to fire employees for reasons that are neither emotional nor rational. Moreover, there are many risks and it is easy to cause labor disputes.

On the one hand, if an enterprise unilaterally dismisses employees on the grounds of incompetence, writing the word "incompetent" on the termination notice or resignation certificate is equivalent to The "career stain" on employees will make it difficult for employees to find new jobs, which will make it difficult for them to find jobs again.

On the other hand, the word "incompetent" is insulting in China. "Incompetent" is equivalent to poor performance, poor ability, No, wait, employees cannot accept it emotionally. At this time, employees can easily go to arbitration. Once the arbitration is carried out, the company needs to bear the burden of proof, litigation costs, etc., including various explicit costs, hidden costs, and even the impact on the company's "employer brand" "causing negative impacts.

In actual operation, it would be better to use the three words "mismatch" instead of "incompetent", and it would be easier for employees to accept it emotionally.

When communicating with employees to terminate the labor contract, three options can be proposed: Option 1, terminate through negotiation; Option 2, the company terminates unilaterally; Option 3, individual resignation. Of course, the compensation amounts of the three plans are the same. According to Article 47 of the Labor Contract Law, employees can choose between N 1 or N.

Under the same conditions, employees tend to choose options one and three, because the company can also terminate the contract unilaterally in accordance with legal regulations. In this way, "peaceful breakup" is the best choice for the company and employees.

Summary: There is no legal basis for an enterprise to fire employees based on the last-place elimination system. To legally terminate the labor relationship with employees, the enterprise must use the excuse of incompetence for the job, but Legal conditions for rescission need to be met and legal rescission procedures must be followed.

03 What should companies pay attention to in daily management?

If an enterprise wants to implement the last elimination system and fire employees based on their performance appraisal, they must strengthen the following aspects of work, otherwise it will lead to illegal termination and require a lot of effort. Big "cost".

? Rules and regulations level

Enterprises formulate rules and regulations for the last-place elimination system. According to the fourth chapter of the "Labor Contract Law" Article stipulates:

? Performance appraisal system level

Termination of a labor contract on the grounds of incompetence involves competency standards What is it? What is the evidence of incompetence? This is related to the company's job responsibilities or job competency model, as well as the performance appraisal system.

Enterprises must clarify job requirements and responsibilities in detail, and establish a scientific, fair and equitable performance appraisal system.

? Evidence level

Enterprises must consciously collect and retain written evidence, such as whether employees are aware of the company’s rules and regulations , shall be subject to the employee’s written signature.

For example, if an employee is incompetent for post-work training, relevant training records, etc., need to be signed by the employee for confirmation. Another example is the performance feedback stage. Do employees have any opinions on the performance appraisal results? It needs to be signed by the employee for confirmation, etc.

Every link must be recorded in writing, which can be used as evidence in the event of a labor dispute.

Summary: Enterprises must implement a final elimination system. If they want to avoid labor disputes, they need to continuously improve and improve from the three levels of rules and regulations, performance appraisal systems, and evidence.

Conclusion

The last elimination system is an "imported product" with advantages and disadvantages. And it has its scope of application. It is not suitable for every enterprise, so please choose carefully!

If it is really necessary to implement the last-place elimination system, when dismissing employees, the dismissal must be done in accordance with legal provisions, otherwise it will lead to illegal dismissal and high costs (explicit costs, invisible costs costs) are relatively large.

In my opinion, there is no necessary relationship between an employee ranking at the bottom in performance appraisal and being dismissed. Therefore, we cannot arbitrarily believe that an employee ranking at the bottom in performance appraisal can be dismissed. dismiss.

Among the dismissal clauses stipulated in the "Labor Contract Law", there is no clause that states that employees can be dismissed if they are at the bottom of the performance appraisal. There is no such expression in other laws and regulations, so being at the bottom of employee performance appraisal cannot be equated with being dismissed.

For an enterprise, it is important to know that the prerequisite for the enterprise to fire employees is that the employees are not qualified for the job. The reason why companies want to fire employees who are at the bottom of performance appraisals is because they arbitrarily believe that employees who are at the bottom of performance appraisals mean that employees are not qualified for their jobs, so companies think they can fire employees who are at the bottom of performance appraisals. This is a fundamental mistake in corporate understanding.

Enterprises must also understand that an employee who ranks at the bottom of the performance appraisal does not necessarily mean that he or she has poor work ability or is not qualified for the job. An employee who is qualified for the job may also rank at the bottom of the performance appraisal.

In some companies, even if all employees are qualified for the job, due to the existence of performance appraisal, all employees will inevitably be sorted in terms of performance, and those at the bottom will be fired. , this is actually a natural flaw of the performance management system. Therefore, it is untrue to say that employees who rank at the bottom of the performance appraisal will be fired, because this kind of performance appraisal itself has problems.

In addition, if the company dismisses employees based on performance evaluation, it must take the initiative to pay financial compensation to the dismissed employees. If an enterprise fires an employee but does not want to pay financial compensation, the employee can apply for arbitration to the labor department.

In short, from my understanding, employees who are at the bottom of the performance appraisal cannot be dismissed directly. Because this does not comply with the provisions of the Labor Contract Law regarding dismissal of employees.

Hello, I have been engaged in factory human resources management for more than ten years, and I am familiar with performance appraisal. It is definitely illegal to fire employees based on their performance appraisal, such as the "last elimination system". This is completely the wishful thinking of some company owners or HR! Why? We need to discuss this aspect in conjunction with the Labor Contract Law. What kind of performance appraisal system and process is legal? Can employees really be legally fired after passing a performance appraisal? In addition to being related to performance pay, what other role does company performance appraisal play?

We know that company performance appraisal has now become a means of punishing disobedient employees. Is it legal to randomly set up a performance appraisal system to evaluate employees, deduct performance wages at every turn, etc.? We will talk about this later. In addition to this role, what other role does performance appraisal play?

In fact, there is another most critical role, which is to prove that employees are not qualified for the position. This is the prerequisite for the company to take the next step.

But if you say that an employee who has passed the probation period is not qualified for the job, is it only the employee's responsibility? It’s clear that companies are also responsible, so read on! What are the company's legal performance appraisal systems and processes?

1. The formulation and release of the company's performance appraisal system must be voted by employee representatives or all employees.

2. The company’s performance appraisal system must be publicized throughout the company or delivered to employees, such as training signatures.

3. The company must formulate a job description and corresponding performance appraisal form for each employee or position, and have them signed by the employees.

4. The monthly performance appraisal results must be signed by employees. If the employee does not sign, the company must have evidence to prove the assessment results.

If the company's performance appraisal practices are not consistent, then deducting performance wages would be suspected of withholding wages. An employee is at the end of his performance appraisal. Can he be fired?

The answer is that you cannot dismiss directly, but you can dismiss after complying with certain procedures, and you must give 30 days' notice or pay an additional month's notice in lieu of notice, and also pay financial compensation. The process is like this.

1. The company proves through performance appraisal that the employee is not qualified for the current position.

2. The company can train employees on some aspects of their current positions or make job transfers.

3. The company has once again passed the performance appraisal to prove that the employees are still not qualified for their current positions after passing the training, or are not qualified for the new positions after transfer.

4. The company can terminate the employee's labor contract by paying 30 days in advance or an additional month's notice in lieu of notice, and must pay economic compensation to the employee.

In other words, even if the company can prove that the employee is not qualified for the position for several consecutive months, but the company does not have training or transfer steps, it is illegal to fire the employee directly. At this time, it is necessary to Pay double wages for illegally terminated labor contracts.

Generally speaking, the company can terminate employees' labor relations through performance appraisal. If the operation does not comply with the process, it will be double compensation for violating the termination; if it is in compliance with the process, then it will be N's economy compensation. I hope the above answers can help you!

Judicial interpretations and various court rulings have clearly stipulated that elimination at the end of the employment contract is an illegal termination of the labor contract. The elimination system at the end itself is a disguised form of unilateral termination right, because no matter how capable the workers are, there will always be someone at the bottom in the performance appraisal, and someone will always be eliminated. If the elimination system at the end is legal, it gives the employer the right to unilateral termination. This It is contrary to the legislative purpose of the Labor Contract Law. Therefore, it is illegal to terminate the labor contract in the form of elimination at the end.

The problem stated by the questioner is that employees who rank at the bottom of the performance appraisal can be fired, which is the so-called "last elimination system" that has been widely criticized. In this case, the employee cannot be fired.

The "last-place elimination system" is a false proposition; it is an illegal management performance appraisal system mechanism that conflicts with the labor contract law under the banner of management concept innovation.

In the "Labor Contract Law", there are only provisions for dismissal by the employer because the employee is not suitable for the job, but there is no provision for dismissal due to ranking last in the performance appraisal.

There is nothing wrong with innovating the company's management system; the purpose of implementing performance appraisal is to mobilize employees' enthusiasm for work. The original intention is good and it is worthy of praise. However, the performance appraisal system formulated should not conflict with national laws and regulations without violating national laws and regulations. All rules and regulations, assessment reward and punishment mechanisms that violate national laws and regulations are illegal and invalid.

Why are some companies keen on implementing the “last elimination system”? It is obvious that the spirit of the "Labor Contract Law" has been misinterpreted, and the employee who ranks at the bottom of the assessment is mistakenly equated with being incompetent for the job.

In the eyes of the company, anyone ranked last in the assessment ranking is not qualified for the job; those who are qualified may also be ranked last; if they are ranked last, they must be eliminated.

Under the specific implementation of this "last elimination system", no matter how excellent the employee's performance is, one employee must be ranked last due to the requirements of assessment ranking. And was ruthlessly eliminated and fired from the company. How unfair this is! Employees are also under great pressure and anxiety due to this ruthless assessment mechanism.

As a responsible company, we should not introduce this kind of assessment mechanism with natural flaws; for companies that are still implementing this assessment mechanism, we should abolish this unreasonable and illegal assessment reward and punishment. Mechanism and return to correct management concepts.

For employees who are eliminated or dismissed by the company due to the "last elimination system" assessment, the company should take the initiative to provide financial compensation; employees should not be allowed to sweat, shed tears, bleed, or be hurt. employees’ hearts.

If the company cannot provide financial compensation to employees, employees will have sufficient legal basis to safeguard their rights in accordance with the law. The company is doomed.

In short, the "last elimination system" is an unreasonable and illegal assessment system that has been widely criticized by workers and should be abandoned. Employees cannot be fired for this reason. In case of dismissal, financial compensation must be given. Because this is an illegal act.

Directly terminating the labor contract on the grounds that the employee is at the bottom in assessment is against the relevant legal provisions of the Labor Contract Law. Legal reasons are required to terminate the labor contract. "Being at the bottom in assessment" does not comply with statutory termination. condition.

In corporate human resources management, in order to fully motivate employees, many companies are keen to adopt the "last elimination" management method. "Bottom elimination" refers to the practice in which an enterprise develops a corresponding evaluation system to directly eliminate the employee or employees who rank at the bottom within a certain period of time and eliminate them from the enterprise.

From a business management perspective, "elimination at the bottom" has both positive and negative effects. From a positive point of view, "elimination at the bottom" can maximize the potential of employees and mobilize employees' work enthusiasm; from a negative point of view, it will lead to fierce competition and tense relationships among employees. On the other hand, it will lead to employees moving toward the bottom. If the position is the same, if it exceeds the lowest level, it is the safety line, and there will be insufficient power in the later stage.

First of all, it can be said with certainty that it is illegal to directly terminate the labor contract through the "last elimination" method. In reality, there are relatively few companies that directly adopt this method. From a legal perspective, since the practice of "last place elimination" has natural legal risks, its legal basis has been seriously questioned. Employers usually treat it with caution and adopt a marginal approach. In reality, the "last elimination" method adopted by enterprises can be roughly divided into the following categories:

The first category is for those who are at the bottom. The employee in the lowest position is transferred from a certain position;

The second category, the employee in the lowest position will not renew the contract when the contract is terminated;

The third category, the employee in the lowest position The employee is directly terminated from the labor contract;

The fourth category is for the employee in the lowest position to terminate the labor contract through consensus, and some companies also call it "persuasion".

Among the above four categories, the third type of situation mainly involves legal risks. According to the "Labor Contract Law", statutory reasons are required to terminate a labor contract, and ranking last in the assessment does not meet the statutory conditions for termination. If we insist on relying on statutory grounds for termination, the closest thing is inability to perform the job. However, being at the bottom of the assessment does not mean that you are not qualified for the job, so the labor contract cannot be terminated. For example, if there are 10 employees in a department, and 9 of them have an assessment score of 95 or above, and only one has an assessment score of 94, does it mean that the employee with a score of 94 is not qualified for the job? On the other hand, if all 10 employees get less than 60 points in their evaluation, can we say that only the one with the lowest score is not qualified for the job? Obviously the answer is no.

At this point, some people may say that if "being ranked last in the assessment ranking" is directly stipulated as being unable to do the job or as a condition for terminating the labor contract, wouldn't this problem be solved? In fact, according to the social nature of labor law, such an agreement itself is neither legal nor reasonable, and even such an agreement will be judged to be invalid.

To take a step back, even if an employee is not qualified for the job, the labor contract cannot be terminated immediately. Employees who are incompetent for the job will be re-evaluated after the employer trains or adjusts their job position, and will be reassessed after the assessment cycle. If the employee is still incompetent for the job, the employer can terminate the labor contract and must pay corresponding economic compensation.

In summary, it is illegal to directly terminate the labor contract by "eliminating the last position". In this regard, the minutes of the Eighth National Court Civil and Commercial Trial Work Conference published by the Supreme People's Court also clearly stated: The employer unilaterally terminates the labor contract within the term of the labor contract through "elimination at the end" or "competition for employment". Workers may request the employer to continue to perform the labor contract or pay compensation on the grounds that the employer has illegally terminated the labor contract.

No, but positions can be transferred. From the perspective of Labor Law.

When an enterprise finds that an employee is unable to perform a certain job, it can provide professional training to the employee or adjust the employee to another position. If the adjusted position still cannot meet the job requirements, the company can terminate the labor force. Contractual. However, this standard of meeting job requirements is relatively broad. Being able to complete daily work also meets job requirements, and being able to improve the efficiency of the position can only be considered. Generally, most companies are not willing to do the job transfer and then dismissal, because it is very difficult. It is easy to have loopholes in the system. When the time comes, the company will have to lose money if it is arbitrated. However, many units are linked to job performance, and the positions are simple and easy to earn with relatively little income. Most companies will transfer some employees with low assessment scores to positions with relatively low wages, using the lower wages to force employees to resign. From the perspective of enterprise development.

The purpose of performance appraisal is to enhance the vitality of enterprise development, mobilize the enthusiasm of employees, and achieve an increase in enterprise income to achieve a virtuous cycle. However, it is somewhat thoughtless to use appraisal results as the basic support for dismissing employees. There are many reasons for the objectivity of performance appraisal, including market reasons, supply reasons and even coordination reasons. Occasional performance decline cannot be regarded as a mark or sign for an employee. The last elimination system must be formulated under a relatively objective premise before it can be put into effect. Function, such as being ranked in the bottom 3 for three consecutive months, and a relatively objective performance weighting formula must be formulated. Piece-rate and marketing jobs can rely solely on indicator data, while agency service jobs can often only rely on satisfaction. and work completion and other relatively difficult to measure standards, so how to set a relatively fair assessment standard for these positions is an important issue. (It’s a bit too long-winded)

Ranking last in employee performance appraisals, being unsuccessful in competitive recruitment, elimination of the last employee, etc. are not legal reasons for terminating the labor contract.

Some people say that the unit has the right to manage employees and conduct performance appraisals. Yes, the unit does have free personnel management rights, but if it involves lowering wages or even dismissing labor As for the contract, it is not the employer who has the final say. The Labor Contract Law will intervene.

The employer’s termination of the labor contract must comply with the provisions of the Labor Contract Law. If it does not comply, it may constitute an illegal termination of the labor contract.

1. The legal reason for the termination of the labor contract, which is similar to competitive recruitment, elimination of the last position, and substandard performance, is that the employee is incompetent for the job.

However, if the unit terminates the labor contract on the grounds that the employee is incompetent for the job, corresponding requirements must be met.

First of all, there must be objective evidence showing that the employee is not competent for the job, objective evidence rather than subjective evaluation.

Secondly, even if there is objective evidence that the employee is not qualified for the job, the labor contract cannot be terminated immediately. The employee needs to be trained or adjusted first.

Finally, after training the employee or adjusting the job position, there is still objective evidence showing that the employee is not qualified for the job. Only then can the labor contract be terminated.

When terminating a labor contract, either the party concerned must be notified one month in advance or an additional month's salary must be paid, and financial compensation must be paid.

This is a complete set of compliance procedures for terminating labor contracts on the grounds of incompetence.

Although close, it is not the same. Therefore, the labor contract cannot be terminated by those who are ranked last in the performance appraisal, who are unsuccessful in the competitive recruitment, or who are ranked last through the elimination system.

2. Legal liability for illegal termination of labor contract.

If the employer illegally rescinds or terminates the labor contract and the employee requires continued performance of the labor contract, the employer shall continue to perform it; if the employee does not require continued performance of the labor contract or the labor contract can no longer be performed, the employer shall Compensation should be paid. The standard of compensation is 2 times the economic compensation.

3. What should you do if you encounter this kind of problem?

If you encounter such a problem, you should first communicate with the unit. It is best to talk to the unit about the legal knowledge in this area. If at this point, the company can step back from the brink, that would be great.

If the company is not profitable or you don’t want to work in this kind of company at all, you can wait until the company actually terminates the labor contract, then bring relevant evidence and apply for labor dispute arbitration to claim compensation.

Finally, I would like to suggest that professionals in the workplace pay more attention to the knowledge of labor laws when they have nothing to do. If you don’t know anything about this aspect, you will easily suffer.

Can employees be fired if they come last in performance appraisal?

My answer is: You cannot fire.

Because the relevant rules and regulations of the company are not equivalent to employees. If an employee ranks last in the performance appraisal, he will be fired. Then after being fired, other employees will always be ranked in order, and there will always be the last one. Do they also need to be fired?

For employees at the bottom of the performance appraisal, the corresponding managers should communicate with the employees in a timely manner to understand the reasons, rather than relying solely on rigid systems. Provide corresponding training to employees or reassign them to different positions.

If the employee with the lowest performance appraisal is fired, the labor contract will be terminated. It is contrary to the labor law and labor contract law. If the labor contract is terminated illegally, the employee can demand the payment of compensation. If the employer cannot reach an agreement on the compensation, he or she can apply for labor arbitration within one year of being dismissed.

Economic compensation is generally paid to workers based on the number of years they have worked in the unit, with one month’s salary for every full year. If the period is more than six months and less than one year, it shall be calculated as one year. If the period is less than six months, economic compensation of half a month's salary will be paid to the worker. Monthly wages refer to an employee’s average wages for the twelve months before the labor contract is terminated or terminated.

If it is unreasonable and illegal, if you are dismissed, it is an illegal dismissal and you must pay compensation. Legal basis: Article 4 of the "Labor Contract Law" Employers shall establish and improve labor rules and regulations in accordance with the law to protect workers Enjoy labor rights and perform labor obligations.

When an employer formulates, modifies or decides on labor remuneration, working hours, rest and vacation, labor safety and health, insurance benefits, employee training, labor discipline and labor quota management, etc., regulations that directly involve the vital interests of workers When changing the system or major matters, they shall be discussed by the workers' congress or all employees, plans and opinions shall be proposed, and determined through equal consultation with the trade union or employee representatives.

In the process of implementing rules, regulations and decisions on major matters, if the trade union or employees think it is inappropriate, they have the right to propose it to the employer and modify it through consultation.

Employers shall make public the rules, regulations and decisions on major matters that directly affect the vital interests of workers, or inform workers.

Article 48 If the employer violates the provisions of this Law to terminate or terminate the labor contract, and the employee requires the continued performance of the labor contract, the employer shall continue to perform the labor contract; the employee does not require the continued performance of the labor contract or the labor contract If it is no longer possible to continue to perform, the employer shall pay compensation in accordance with Article 87 of this Law.

Performance management is one of the core functions of human resources management in every enterprise. It is recommended that enterprises set up their own actual performance management system at the beginning of each year and announce it to all employees, so as to make decisions first and then make decisions later. Not messy. Avoid other subsequent events.

A good corporate performance management system helps the company and its employees make progress together, promotes the realization of corporate goals, and can improve the overall operation and management of the company, improve employee training, career development planning, etc.