年终岁末,很多用人单位将年终考核提上日程。对于员工来说,年终考核是职位晋升、个人收入待遇等参评的重要因素。与此同时,有媒体记者调查发现,有企业频现奇葩考核:转发点赞公司公众号数量、是否安装ETC……以考核不合格为由,单方面辞退员工。年终考核评价标准的客观性、公平性、准确性如何,引发讨论。

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.

  年终考核作为评价员工的一个手段,其最终目的不过是检验一年以来的工作成效,并以此为基础,推动来年的工作。然而在实际工作中,考核的花样越来越多,标准也各种不接地气,不符合员工权益。有的用人单位以年终考核不合格为由解除劳动合同,但事实上,年终考核标准应该有一套完备的程序和完善的制度,且有一定的延续性,同时也需要征求员工对考核体系的认同。因为达不到奇葩考核规定要求而辞退员工,这本身就说不过去,甚至存在变相裁员的可能。

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.

  况且,“年终考核不合格”与“不能胜任工作”是两个概念,两者虽有关联,但一般不能画等号。即使存在“年终考核不合格标准”与“不能胜任工作标准”具有一致性的情形,也需经过培训或调岗程序后,用人单位方可解除劳动合同。而且只有经用人单位以规章制度的形式制定、程序合法、且予以事先告知劳动者,才是合法的。因年终考核结果调岗还是解除劳动合同,都应按照劳动合同法执行,同时需要支付相应的补偿和赔偿。

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.

  既然法律已经有了明确规定,为何类似事件依然不时发生?一方面,一些企业拥有绝对的话语权,控制着经济收入的分配,因此肆无忌惮地出台各种奇葩考核规定。另一方面,处于弱势地位的员工权益意识淡薄,也从客观上助长了这些奇葩考核规定。

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.

  希望有关部门能加大对企业的执法和监督力度,提高企业的违法成本,让侵犯员工合法权益的企业受到严厉的处罚,彻底“凉凉”。劳动管理部门也要为企业员工撑腰,让他们敢于维权、敢于举报,主动捍卫自己的合法权益,鼓起勇气向奇葩考核规定说不。 (刘琛)?

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)


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