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奇葩考核為何頻頻出現
2020-01-05 22:55  www.serii.cn

  年終歲末,很多用人單位將年終考核提上日程。對于員工來說,年終考核是職位晉升、個人收入待遇等參評的重要因素。與此同時,有媒體記者調查發現,有企業頻現奇葩考核:轉發點贊公司公眾號數量、是否安裝ETC……以考核不合格為由,單方面辭退員工。年終考核評價標準的客觀性、公平性、準確性如何,引發討論。

At the end of the year, many employers put the year-end assessment on the agenda. For employees, year-end assessment is a promotion, personal income and other important factors to participate in the evaluation. At the same time, a media reporter survey found that there are frequent companies strange assessment: forward like the number of company public numbers, whether to install etc. Dismiss the staff unilaterally on the grounds of unqualified examination. The objectivity, fairness and accuracy of the year-end assessment criteria have led to discussion.

  年終考核作為評價員工的一個手段,其最終目的不過是檢驗一年以來的工作成效,并以此為基礎,推動來年的工作。然而在實際工作中,考核的花樣越來越多,標準也各種不接地氣,不符合員工權益。有的用人單位以年終考核不合格為由解除勞動合同,但事實上,年終考核標準應該有一套完備的程序和完善的制度,且有一定的延續性,同時也需要征求員工對考核體系的認同。因為達不到奇葩考核規定要求而辭退員工,這本身就說不過去,甚至存在變相裁員的可能。

As a means of evaluating employees, the ultimate goal of year-end appraisal is to test the effectiveness of the work done in the past year and to promote the work in the coming year on this basis. However, in the actual work, more and more patterns of assessment, standards are also a variety of groundless, not in line with the rights and interests of employees. Some employers terminate the labor contract because of the unqualified year-end assessment, but in fact, the year-end assessment standard should have a set of complete procedures and perfect system, and have a certain degree of continuity, but also need to seek the approval of the staff to the assessment system. Because does not meet the strange flower appraisal stipulation request but dismisses the staff, this in itself cannot be justified, even has the disguised redundancy possibility.

  況且,“年終考核不合格”與“不能勝任工作”是兩個概念,兩者雖有關聯,但一般不能畫等號。即使存在“年終考核不合格標準”與“不能勝任工作標準”具有一致性的情形,也需經過培訓或調崗程序后,用人單位方可解除勞動合同。而且只有經用人單位以規章制度的形式制定、程序合法、且予以事先告知勞動者,才是合法的。因年終考核結果調崗還是解除勞動合同,都應按照勞動合同法執行,同時需要支付相應的補償和賠償。

Moreover,\" year-end assessment is not qualified \"and\" incompetent \"are two concepts, although the two are related, but generally cannot draw equal sign. Even if there is a \"year-end assessment of non-conformity criteria\" and \"incompetent work criteria\" consistent, but also after training or transfer procedures before the employer can terminate the labor contract. And only by the employer in the form of rules and regulations, legal procedures, and to give prior notice to workers, is legal. As a result of the year-end assessment or the termination of the labor contract, should be carried out in accordance with the labor contract law, at the same time need to pay the corresponding compensation and compensation.

  既然法律已經有了明確規定,為何類似事件依然不時發生?一方面,一些企業擁有絕對的話語權,控制著經濟收入的分配,因此肆無忌憚地出臺各種奇葩考核規定。另一方面,處于弱勢地位的員工權益意識淡薄,也從客觀上助長了這些奇葩考核規定。

Why are similar incidents still occurring from time to time, now that the law has made clear? On the one hand, some enterprises have absolute right to speak, control the distribution of economic income, so unscrupulously issued a variety of strange assessment regulations. On the other hand, employees in a weak position have a weak sense of rights and interests, but also objectively encouraged these strange assessment regulations.

  希望有關部門能加大對企業的執法和監督力度,提高企業的違法成本,讓侵犯員工合法權益的企業受到嚴厲的處罰,徹底“涼涼”。勞動管理部門也要為企業員工撐腰,讓他們敢于維權、敢于舉報,主動捍衛自己的合法權益,鼓起勇氣向奇葩考核規定說不。 (劉琛)?

It is hoped that the relevant departments can strengthen the law enforcement and supervision of the enterprise, increase the illegal cost of the enterprise, and let the enterprise that violates the legitimate rights and interests of the employee be severely punished and completely \"cool \". Labor management departments should also support employees, so that they dare to protect rights, dare to report, take the initiative to defend their legitimate rights and interests, and summon the courage to say no to the rules of strange assessment. (Liu Chen)