Question 31: Can Employers separately build the evaluation criteria for the jobs of a quantitative nature (marketing and sales Employees etc.) and the jobs of a qualitative nature (accountants, secretaries, administrators etc.)? If yes, how should we separate these evaluation criteria?

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From the legal perspective, labour law only regulates generally that Employers must prescribe the criteria for evaluating the task completion level in the enterprises’ regulations after consulting the grassroots labour collective representing organisation, but does not give instructions about how to build the criteria for evaluating the task completion level achieved by Employees. So, each enterprise will depend on its business activities, labour forces, Employees’ education backgrounds, and its own circumstances to build an appropriate regulation on evaluation. Thus, Employers have the right to set their own principles in building the criteria for evaluating the task completion level which are applied to jobs of different natures.

In practice, an enterprise should have many departments with different functions and jobs. It is not feasible and reasonable to build the criteria for evaluating the task completion level used for all jobs. It is why Employers often separate the evaluation criteria between: (i) the group of jobs whose productivity is evaluated based on products or specific results, e.g. sales, marketing and production positions; and (ii) the group of jobs whose productivity cannot be evaluated based on products or specific results, e.g. accountants, secretaries, administrators. So, the evaluation of the jobs with quantitative and qualitative natures will be built according to the following criteria:

  • For the jobs whose productivity is evaluated based on products or specific results:

The key performance indicators (KPIs) and the performance evaluation criteria dependent on the nature of every job. For example, for a sales department:

  • Sales/Number of products sold/Revenue growth index;
  • Number of customers in the region, scale of the region in charge/Expansion rate of the market, customers;
  • Customer relationship skills.
  • For the jobs whose productivity cannot be evaluated based on products or specific results:

The key performance indicators (KPIs) and the performance evaluation criteria which may be dependent on the job’s requirements and the task completion level. For example, for a legal department:

  • Legal knowledge/Experience;
  • Problem solving capability; and
  • Workload fulfilling capability etc.

In addition, please be noted that the requirements and performance indicators which are prescribed in the regulation on evaluating the task completion level must be achievable, reasonable and consistent with law in order to ensure the effectiveness of that regulation.