"The last one will be eliminated." How can the assessment and handling be so arbitrary?

　　Reporter Dou Feitao Our intern Zhao Zihan

　　Reading Tips

　　Performance appraisal is not a reason or excuse to arbitrarily cut workers' wages, transfer positions, or even "eliminate those at the bottom."

Employers should improve the scientific nature and fairness of performance appraisal so that its overall development and the personal development of workers are on the same track.

　　"The year-end bonus for 2023 is basically gone, and the unit did not explain the assessment standards. It only verbally informed the assessment results." Not long ago, Lu Qing, a 30-year-old working mother, felt a little powerless after learning that her performance rating in 2023 was C. .

　　The company she works for divides employee performance into five levels: A, B+, B, C, and D.

If you are rated C, not only will you not be able to participate in promotions and salary increases, but the year-end bonus will only be less than one month's bonus, while the year-end bonus for B grade will be four months' bonus.

　　In fact, Lu Qing's 2022 year-end assessment was also rated C. "Although I was pregnant that year, my work did not affect my normal work until the end of the year, and there were many innovative achievements." Because his performance was rated C for two consecutive years , Lu Qing finally received the notice of being laid off.

　　Workers' Daily reporters interviewed many employees and found that Lu Qing's experience was not an exception.

Many employers often link performance appraisals to workers' income and job abilities. Some workers have been reduced in salary, transferred to other positions, or even "eliminated" because they did not meet the standards.

Some workers wondered: "Is the assessment just a simple punishment? Are these operations scientific?"

　　"What are the criteria for assessment and scoring?"

　　Lu Qing, who holds a Ph.D., is engaged in research and development.

In July 2023, after taking maternity leave, Lu Qing returned to work. "I completed all the projects and the workload was no less than others. I didn't even take breastfeeding leave, but my performance was rated C. I think it is very unreasonable." .”

　　"I don't know the assessment process and standards. My boss said I would be pregnant in 2022 and did not give me a workload greater than C grade. The time to return to work in 2023 is short and I cannot get into the state quickly..." The performance appraisal was rated C for two consecutive years. Lu Qing was helpless, but the bad news was not over.

Ten days after learning the assessment results, Lu Qing suddenly received a notice that he was laid off. "The reason was that the company was operating at a loss, and I was the only one in our department who received the notice." Now, Lu Qing is discussing with the company the resignation procedures.

　　Unlike Lu Qing, Song Lei's performance appraisal result is a "one-size-fits-all salary" for the entire company.

Song Lei is an equipment procurement engineer. His income is mainly divided into basic salary and performance bonus, with a ratio of 6:4.

"The amount of performance bonuses is determined by the base number and the cash-out ratio. The base number is based on the rank; the cash-out ratio is based on the superior company's rating. The highest can reach 110%, and the lowest can have no bonus." Song Lei told reporters, "Like In 2022, the superior company gave us a score of 98 and commented that it needed improvement, and our performance bonus was based on 98% of the base."

　　What makes Song Lei dissatisfied is that "my colleagues and I don't know what the superior company's assessment and scoring standards are. We have completed our assigned work, but the superior company just said that 'the degree of completion is not high', and we don't know what else is needed." What should we improve?" Song Lei said helplessly that under this assessment method, some employees chose to "spoil it" and pass the work to newcomers. Many colleagues who worked hard had a surge in workload, but there was no difference in salary.

　　The last one will be eliminated, which is illegal!

　　In October 2023, the Intermediate People's Court of Xiangyang City, Hubei Province released a number of typical cases of labor disputes.

Among them, a case about a worker being eliminated from the bottom position attracted attention.

　　In the case, Lin entered a company to engage in insurance management.

In October 2021, in order to stimulate the enthusiasm of employees, the company formulated a bottom-ranking elimination plan, which stipulated that those ranked last in the evaluation would have their salaries reduced by 30% and be transferred to on-the-job training or terminate their labor contracts.

That year, the company announced the evaluation results, and Lin ranked last.

In January 2022, the company interviewed Lin and terminated the labor contract between the two parties on the grounds that he was ranked last in the assessment, lacked ability, and was not qualified for his position.

　　Lin believed that he had never seen the last-place elimination plan, and the company fired him based on this plan, which was an illegal termination of the labor contract.

　　The court held that the law allows employers to formulate rules and regulations or major matters involving the vital interests of workers on their own, but they must be discussed through democratic procedures and negotiated on an equal footing with trade unions or employee representatives, and must be made public to workers.

Because the company failed to prove that the last-place elimination system was formulated through democratic procedures and had been announced to Lin, the system could not be used as a basis for terminating the labor relationship with Lin. The company should pay Lin compensation for illegal termination of the labor contract. .

　　"The so-called elimination of the last place in the final analysis refers to dismissing workers on the grounds that they are 'incompetent for the job.'" Zhang Xuewei, judge of the First Civil Division of the People's Court of Daxing District, Beijing, explained that according to Article 40 of the Labor Contract Law, this situation Under the regulations, the employer shall provide training or reassignment to the workers. If the labor relationship is terminated without the above-mentioned adjustments or training, the labor relationship shall be terminated illegally, and the employer shall pay compensation to the laborer for illegal termination of the labor relationship.

　　Zhang Xuewei said that some employers do not pay attention to the establishment and implementation of performance systems. It often happens that the unit's performance regulations have been applied for many years. However, after review by the court, it was found that the establishment and changes of the system were never negotiated with employees, and no instructions were sent to workers. , record of notification.

　　"Establishing a Performance Appraisal Objection Procedure"

　　"Performance appraisal itself is not illegal." Fu Yanpei, a lawyer at Jiangsu Jinhuiren Law Firm, said that performance appraisal is a means of testing whether workers' abilities meet job requirements. It is a reflection of the employer's exercise of operational autonomy. When the system is legal and democratically passed, After the procedure, the assessment results can be applied to the post adjustment of employees in the later period. If there is conclusive evidence that the employee is not qualified for the job, the employer has the right to reassign the employee within reasonable limits.

　　Fu Yanpei told reporters that the performance appraisal standards and methods formulated by the employer should be discussed by the employee representative conference or all employees, plans and opinions should be put forward, and determined through equal consultation with the trade union or employee representatives.

After determination, the employer shall publicize the rules and regulations and major matters directly related to the vital interests of the workers, or inform the workers before they can be deemed valid.

　　"Employers can establish performance appraisal objection procedures." Zhang Xuewei believes that employers should strictly follow the performance appraisal calculation method announced by them, and must not "reprocess" relevant data without informing employees, nor must they "reprocess" relevant data without informing employees. The "final data shall be subject to the company's calculations" excludes workers' right to supervise and raise objections.

　　In addition to establishing and improving the performance appraisal system, Fu Yanpei believes that employers should also conceptually return to the origins of performance appraisal, "improve the capabilities of human resource managers, ensure the transparency and fairness of the appraisal process, and cannot arbitrarily transfer or transfer employees through appraisals." Salary reduction or even dismissal.”

　　"The assessment indicators can be formulated from both qualitative and quantitative aspects to reflect the working status of workers as objectively and truly as possible." Zhang Xuewei believes that a scientific performance appraisal system can more comprehensively describe workers' workload, work efficiency, and work effects. The overall development of the employer and the personal development of workers are on the same track, promoting mutual benefit and win-win results for both parties.

(Some interviewees have pseudonyms)