Question 33: When (week, month, quarter, year) can Employers evaluate whether an Employee regularly fails to fulfil the tasks agreed upon in the signed LC?

The labour law does not provide for the time or period when Employers must regularly evaluate the task completion level by Employees in order to determine if the Employees can regularly fulfil their tasks as agreed upon in LCs. Instead, labour law only provides the basis and requires Employers to prescribe the criteria for evaluating the task completion level in the enterprise’s regulations (after consulting the labour collective representing organisation)[1] if they wish to unilaterally terminate LCs for the reason that Employees regularly fail to fulfil their assigned tasks. Technically, the time when Employers can evaluate the task completion level of Employees will be based on the criteria or targets set out for their jobs which have been established according to: weeks, months or quarters. Then, the evaluation of Employees’ performance must also be made at those corresponding times. This way will ensure that there is a good comparison between the Employee’s performance results and the criteria set out for them.

Employers should differentiate between the regular evaluation of the task completion level used for determining if Employees have regularly fulfilled their tasks and the annual evaluation used for considering pay raises and promotions which often occurs by the year-end.

[1]Article 12.1 Decree 05/2015/NĐ-CP dated 12/01/2015