Can public institutions use the method of performance appraisal by company leaders to implement the

I talked about the last elimination system in another article before. As far as your question is concerned, it is as follows:

Whether the core of your question is legitimate. Regarding the elimination of the last position itself, there is no question of whether it is legal or not. Because there is no prohibition in the relevant law, according to the principle that there is no prohibition in the law, it can be considered that the elimination of the last position itself is not illegal. This is an internal management matter of the enterprise.

However, it should be emphasized that there is no clear provision on whether the elimination of the last place is illegal. However, if the enterprise terminates the employee's labor contract based on the elimination of the last employee, it is suspected of violating the law.

According to the relevant provisions of the Labor Law, if an enterprise has evidence to prove that an employee is incompetent for the job and is still incompetent after training, it may terminate the labor contract. But the problem is that the last position does not mean that it is incompetent, because according to the rule of last elimination, even if the employee is competent for the job, there is also a person who is eliminated because he is the last position. In this way, the employee may be qualified and the contract may be terminated.

Violation of the provisions of the labor law.

Therefore, your company's practices are illegal. As for the public institution you emphasized at the end, it needs to be clarified whether you have signed a labor contract with the employer, and if you do, you are a service person, and the labor law is applicable. However, if you are a business establishment worker, then the labor law does not apply.

There is no problem of violation of the elimination of the last position of the unit.

Three gold lubricants for you, hopefully. Thank you.

There is nothing that is not allowed, but according to the provisions of the labor law, the termination of the labor contract with the employee must be one month in advance, and a certain amount of economic compensation can be given.

Legal Analysis: It is illegal for an employer to adopt an assessment system based on the elimination of the last position. In actual labor relations, employers often apply the "incompetence" clause stipulated in the Labor Contract Law to forcibly terminate the employment contract with the employee.

However, in fact, the employee ranked last in the performance appraisal of the employer is not necessarily incompetent for the job, and even if he is incompetent, the employer should provide him with training or adjust the job position in accordance with the law, and if the employee is still incompetent in any line of work, the employee can unilaterally terminate the labor contract and pay compensation. Otherwise, the employer will have to bear the legal risk of illegally terminating the employment contract. The employer's practice of eliminating or dismissing an employee under the last elimination system is essentially a unilateral termination of the labor contract between the employer and the employee.

According to the Labor Contract Law, the termination of an employment contract between an employer and an employee must comply with the statutory conditions and follow the statutory procedures, and the employer is not allowed to create termination conditions other than those prescribed by law. Therefore, there is no legal basis for an employer to unilaterally terminate the employment contract with an employee on the grounds that the last employee is eliminated. The elimination of the last position is not a concept in the Labor Contract Law, but a way of enterprise management introduced from abroad.

The so-called elimination of the last position usually refers to the performance management system in which the employer sets a certain assessment index system according to its corporate strategy and specific goals, combined with the actual situation of each position, and uses this index system as the standard to evaluate employees, and eliminates the employees with lower scores according to the assessment results. In fact, the elimination of the last position is a performance appraisal system in which the employer formulates an assessment standard by itself, and then evaluates the employees, and eliminates and dismisses the employees who are relatively low in the ranking after the assessment.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

The last place is eliminated"It will cause panic in the hearts of employees, mutual suspicion, disunity, danger, no sense of belonging and loyalty, and affect the cooperation of the team or team. It will increase the internal friction of the enterprise, affect the team's early collapse of the spirit of cooperation, and cause the loss of outstanding talents. "The last place is eliminated"It is to grasp the two ends, ignoring most of the employees in the middle, which is not conducive to mobilizing the enthusiasm of all employees.

It is not legal to terminate the labor contract due to the elimination of the last position during the performance appraisal. If the employee is not qualified for his job, the employer needs to train him or adjust his position, terminate the contract with the employee state in accordance with the law when the employee is still incompetent, and pay him severance to be lawful.

Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) It is proved that the employee does not meet the employment requirements during the probationary period; 2) Seriously violating the rules and regulations of the employer; Article 40 of the Labor Contract Law of the People's Republic of China Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

The sudden outbreak of the new crown epidemic has brought an unprecedented severe test to economic development, and due to the impact of the epidemic on the economy, economic activities have stagnated or slowed down, and the economy is facing greater downward pressure. It is understandable for an enterprise to take measures to reduce wages or lay off employees when its business is not operating normally, and there are reasons why workers accept or do not accept the arrangement of the enterprise. Workers queuing up for labor dispute arbitration at the first-level labor and personnel dispute arbitration courts in some urban areas are still in long queues, and the situation of labor relations conflicts is still grim due to the impact of the epidemic.

We should not only care about how to "live" from the perspective of the company, but also care about how to deal with the relationship with employees. As an important player, it is important for HR to clarify the various relationships and provide the right response capabilities. Country Garden coordinated a number of regions and groups, and Country Garden announced adjustments to a number of regions and groups, including headquarters investment, merger of two centers, and establishment of investment planning centers.

Command, Headquarters Functional Managers and Regional Presidents take turns. Mo Bin, President and Executive Director of Country Garden, said: "It is not about layoffs, but about optimizing the organizational structure and evaluating performance, and the staff has also regressed.

> network rumors, the company responded that there is no layoff plan at present, and in order to continue to strengthen the construction of the talent team, the daily performance evaluation and optimization of human resources are carried out every year. With the development of business, the company is currently focusing on urban security, enterprise security, Internet, games, IoT intelligent hardware and other business fields, and actively recruits social recruitment and school recruitment. A note on the survival of the fittest of Hisense Group.

Hisense Group announced that due to the impact of the global epidemic, the domestic and foreign markets of the home appliance industry have declined sharply. The business situation is even more severe. Like other businesses, we face the daunting challenge of weathering the storm and protecting the jobs of tens of thousands of talented employees.

Senior executives take the lead in reducing salaries, and through measures such as the final elimination and acceleration of the "survival of the fittest" of the workforce, they stimulate the fighting spirit of all employees, transfer pressure at all levels, improve system efficiency, stabilize performance, and exercise a healthier enterprise through adversity. There is already information on the network about Poseidon quantitative layoffs, and the data in it is not true. One of the performance evaluation systems is the system of responding to the final elimination and the system of withdrawing from labor relations after the termination of labor relations, that is, by setting up an evaluation index system, employees who are lagging behind in the evaluation results are eliminated based on the evaluation results of employees.

First of all, we must formulate the rules and regulations of performance appraisal, so that everyone can implement them in accordance with the rules and regulations, and we must also be fair and just.

The last one should be fired at a time, so that the last one can be used well and people will learn the corresponding lessons.

Generally, this system can be used for assessment in sales positions, which can have a good effect, which can make the enterprise develop better.

In order for the team to have a very good atmosphere, the result must be very fair, and the implementation must be passed by everyone, so that there may not be too much resentment.

The current social era is a great change and great development, continue and continue to reform and open up, expand and consolidate the achievements of reform and opening up and continue to deepen the degree of reform in parallel, go hand in hand with symbiosis and continue to share and continue to develop, and continue to deepen together with reasonableness and reasonableness, and then further change the country's domain and change point, integrate with the world, and fully integrate into the global embrace of the world, which is the general situation and general trend of China's future development. Rather than explaining why the system is being implemented, it is better to explain why a particular person is being eliminated. No one thinks that they should be in the last position, and once they are in the last position, they think that the leader is bullying, or they think that they are unlucky and have bad performance.

Pushing the system by force will cause the resistance of the majority of the people and the panic of a small number of people, but the majority of people have a herd view of specific people and things. Explaining to employees why they want to be eliminated is essentially making them understand why they want to let a certain type of person leave. In this case, it is possible to stipulate that people who have specific behaviors that conform to people's intuitive judgments can be understood by employees.

It is up to the company to decide how much to pay for layoffs, and if you are not happy that you don't pay for it, you have that time and a lawsuit with the company, it is better to find a new job, I estimate that it is more cost-effective in terms of economic costs.

Maybe some people know you, but the company won't compensate you, you can't be compensated for this, and you will be the one who suffers in the end. Although you have a legal basis for this, you can also go to the relevant department, but this process is not something that can be completed in a month or two months, and even if you win in the end, you still won't get a point. Although the company has to bear certain legal responsibilities in this regard, the company itself knows it, but the company will never compensate you more, he knows that this mouth can not be opened is not good for the company's own interests.

Therefore, when you encounter such a thing again, you should first actively look for a job, and collect certain evidence of Na Jianqin, and then seek relevant departments to solve it after your job is stable, so as not to delay your time.

In advance, you have to answer that there are certain standards for renting, and you must meet the corresponding standards for each person, and if you don't meet the standards, the last person with a large gap may be fired. Qingzhao.

For the last place in the performance appraisal, it is eliminated. The right way to do it is to get employees through performance. Their own performance is eliminated from the bottom of the ranking.

This needs to be decided according to the actual situation, and the corresponding assessment must be carried out in the workplace, and then the worst employee will be selected among the final results.

Summary. Please think about the enterprise from the perspective of performance appraisal, and should not force the distribution of appraisal results and use the last elimination system, which is detrimental to human dignity. It will adversely affect the mental health of employees, please use it with caution!

It is a system of performance appraisal. The last elimination system refers to the performance management system in which the work unit sets a certain assessment index system according to the overall goals and specific objectives of the unit, combined with the actual situation of each position, and uses this index system as the standard to assess employees, and eliminates the employees with lower scores according to the results of the assessment. The role of the last-place elimination system:

On the one hand, the elimination system has a positive effect, which objectively promotes the enthusiasm of employees and streamlines the organization. On the other hand, the last-place elimination system also has negative aspects, such as detrimental to human dignity and excessive cruelty.

From the perspective of performance appraisal, please think about whether the enterprise should force the distribution of appraisal results and use the last elimination system.

Please think about the enterprise from the perspective of performance appraisal, and should not force the distribution of appraisal results and use the last elimination system, which is detrimental to human dignity. It will adversely affect the mental health of employees, please use it with caution! It is a system of performance appraisal.

The last elimination system refers to the performance management system in which the work unit sets a certain assessment index system according to the overall goals and specific objectives of the unit, combined with the actual situation of each position, and uses this index system as the standard to assess the virtual code of employees, and according to the results of the assessment, the employees with lower scores are eliminated by the accompaniment. The role of the last elimination system: on the one hand, the last elimination system has a positive effect, which objectively promotes the enthusiasm of employees and streamlines the organization; On the other hand, the last-place elimination system also has negative aspects, such as damage to human dignity and excessive cruelty.

Thank you. You're welcome and have a great day!