Question 32: If two or more Employees work at the same position, is it possible for them to have different job descriptions and different criteria for evaluating the task completion level?

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The Labor Code and its applicable guiding documents do not have any regulation to govern the contents of job descriptions and the criteria for evaluating the task completion level, which serves as a basis for Employers to consider the unilateral termination of LCs. Therefore, the contents of job descriptions and the criteria for evaluating the task completion level will be built by Employers based on the enterprises’ needs and business activities. Regarding the job description, Employers and Employees must agree on its contents before making it an integral part of LCs. Regarding the regulation on evaluating the task completion level, Employers must consult the grassroots labour collective representing organisations before adopting it.

From a legal perspective, other than the basic regulations above, there is no regulation that requires Employers to use a single job description or the same criteria for evaluating the task completion level for Employees who work at the same position. From the perspective of human resources administration, before Employers assign jobs and set the criteria for evaluating the task completion level, the jobs and criteria must be considered in terms of Employees’ health, the market of which Employees are in charge, working areas etc. It is why two or more Employees who work at the same position can still have different job descriptions and different criteria for evaluating their task completion level.