What is a template for Employee performance evaluation in Vietnam? Shall the employer have the right to unilaterally terminate the employment contract if the employee repeatedly fails to perform his/her work?
- What is a template for Employee performance evaluation in Vietnam?
- Vietnam: Shall the employer have the right to unilaterally terminate the employment contract if the employee repeatedly fails to perform his/her work?
- Vietnam: Shall the employer inform the employee in advance when unilaterally terminating the employment contract due to poor performance by the employee?
What is a template for Employee performance evaluation in Vietnam?
An employee evaluation form is a tool used to assess the effectiveness of a worker's job performance, capabilities, and work attitude. It includes specific evaluation criteria such as:
- Professional skills and knowledge: Ability to complete tasks, problem-solving skills, job-related expertise.
- Work capacity: Work productivity, organizational skills, level of task completion.
- Work attitude: Sense of responsibility, professionalism, teamwork abilities, adherence to company rules and regulations.
- Communication skills: Effective communication, presentation skills, expressing opinions, listening and understanding.
- Behavior and professional ethics: Honesty, integrity, awareness of information security, appropriate conduct in line with company culture.
Employee evaluation forms are typically used at various times, including:
- End of the year: Assessing overall job performance of employees throughout the year.
- End of quarter: Evaluating work progress and providing guidance for the upcoming quarter.
- After completing a project: Assessing employees' job performance within a specific project.
- Evaluation based on the actual situation in each department/section within the company.
- Businesses and companies can refer to the following employee evaluation template:
DOWNLOAD the Employee performance evaluation template
Employee performance evaluation in Vietnam (Image from the Internet)
Vietnam: Shall the employer have the right to unilaterally terminate the employment contract if the employee repeatedly fails to perform his/her work?
Pursuant to Clause 1, Article 36 of the 2019 Labor Code on the right of an employer to unilaterally terminates the employment contract:
The right of an employer to unilaterally terminates the employment contract
1. An employer shall have the right to unilaterally terminate an employment contract in one of the following circumstances:
a) The employee repeatedly fails to perform his/her work according to the criteria for assessment of employees’ fulfillment of duties established by the employer. The criteria for assessment of employees’ fulfillment of duties shall be established by the employer with consideration taken of opinions offered by the representative organization of employees (if any);
b) The employee is sick or has an accident and remains unable to work after having received treatment for a period of 12 consecutive months in the case of an indefinite-term employment contract, for 06 consecutive months in the case of an employment contract with a fixed term of 12 – 36 months, or more than half the duration of the contract in case of an employment contract with a fixed term of less than 12 months.
Upon recovery, the employer may consider concluding another employment contract with the employee;
c) In the event of a natural disaster, fire, major epidemic, hostility, relocation or downsizing requested by a competent authority, the employer has to lay off employees after all possibilities have been exhausted;
d) The employee is not present at the workplace after the time limit specified in Article 31 of this Labor Code;
dd) The employee reaches the retirement age specified in Article 169 of this Labor Code, unless otherwise agreed by the parties;
e) The employee is not present at work without acceptable excuses for at least 05 consecutive working days;
g) The employee fails to provide truthful information during the conclusion of the employment contract in accordance with Clause 2 Article 16 of this Labor Code in a manner that affects the recruitment.
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Thus, if an employee repeatedly fails to perform his/her work according to the criteria for assessment of employees’ fulfillment of duties established by the employer, the employer shall have the right to unilaterally terminate an employment contract.
Note: The criteria for assessment of employees’ fulfillment of duties shall be established by the employer with consideration taken of opinions offered by the representative organization of employees.
Vietnam: Shall the employer inform the employee in advance when unilaterally terminating the employment contract due to poor performance by the employee?
Pursuant to Clause 2, Article 36 of the 2019 Labor Code on the employer's right to unilaterally terminate the labor contract as follows:
The right of an employer to unilaterally terminates the employment contract
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2. When unilaterally terminating the employment contract in any of the cases specified in Point a, b, c, dd and g Clause 1 of this Article, the employer shall inform the employee in advance:
a) at least 45 days in case of an indefinite-term employment contract;
b) at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;
c) at least 03 working days in the case of an employment contract with a fixed term of less than 12 months and in the cases stipulated in Point b Clause 1 of this Article;
d) The notice period in certain fields and jobs shall be specified by the government.
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Thus, when unilaterally terminating the employment contract due to poor performance by an employee, the employer shall inform the employee in advance:
- at least 45 days in case of an indefinite-term employment contract;
- at least 30 days in case of an employment contract with a fixed term of 12 – 36 months;
- at least 03 working days in the case of an employment contract with a fixed term of less than 12 months and in the cases stipulated in Point b Clause 1 of this Article;
- The notice period in certain fields and jobs shall be specified by the government.
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