On January 1st, 2021, the Labor Code 2019 (“Labour Code 2019”) took effect with many new regulations compared to the Labor Code 2012 to protect employees’ rights better. One of the new and remarkable points of the Labor Code 2019 is the regulation of the Rules on assessment of the level of completion of work at Point a, Clause 1, Article 36. Accordingly, with the 2019 Labor Code, the determination of employees who regularly do not complete the work used as a basis for exercising the employer’s right to terminate the labor contract unilaterally must be based on the Rules on assessment of the level of completion of work. What are the Rules for assessment of the level of completion of work? And why does every enterprise need to have specific regulations on this Rule?
The two issues mentioned above will be answered in this article.
1. Definition
The Rules on assessment of the level of completion of work are an internal document issued by the employer and applicable to all employees working at that enterprise. This is a measuring instrument expressed through specific criteria set by the employer to evaluate the employee’s efficiency and level of job completion.
When promulgating the Rules on assessment of the level of completion of work, employers need to consult the organization representing the employees at the grassroots level in case of having such an organization (Point a, Clause 1, Article 36 of the Labor Code 2019).
2. The role of the Rules on assessment of the level of completion of work
The Labor Code 2019, with the trend of protecting the rights of employees, requires the employer to be more serious and transparent in the employment of workers, especially in the use of the right to terminate the labor contract unilaterally. Accordingly, to ensure the rights of employers, as well as the correct and accurate assessment of the working ability of each employee, the Rules on assessment of the level of completion of work, are an indispensable tool for enterprises. One of the significant roles of the promulgation of this Rule is:
- Creating transparency, clarity, and fairness in assessing the working ability of each employee to have an appropriate bonus and punishment system;
- Helping employers measure the work performance of each individual, and department, from which evaluating the performance of the whole enterprise;
- Helping employees understand clearly the goals and requirements of their job position;
- Helping employers navigate and develop the strategy of their business;
- Ensuring that employees properly perform their responsibilities as stated in the job description;
- Improving work efficiency.
Disclaimer: This article is for general information only and is not a substitute for legal advice. Apolat Legal is a Vietnamese law firm with experience and capacity to advise on matters related to Employment. Please click here to learn more about our services and contact our lawyers in Vietnam for advice via email info@apolatlegal.com.
