Performance Appraisal and Labor Relations_Part-time Employees

2021.12.2 / PEO / VME

Labor Contract_Labor-Payment Consideration
In terms of labor contracts, there should be labor law related items listed, such as: payroll structure, benefits, wage and hours, salary… and so on. Appraisals that are related to each item are going to play a huge role in labor-management interaction, and even labor consideration. Therefore, it is crucial that one establishes an appraisal system from the first day an employee starts working.

Probation Period_Employment Relationship Confirmation
For employers, the probation period(lasting usually for 3 months) is an important part of HR management. However, there aren’t any regulations related to probation periods in the LSA (Labor Standard Act). Thus, an employee that is on probation period possesses the same rights and protection as an official employee. If an employee gets laid off for incompetency during probation period, they have
the right to file an appeal for the confirmation of the existence of employment relationship. If said employee won the lawsuit, they won’t be required to provide supplementary labor, but the employer will be required to pay the relevant wages. In the lawsuit, if the employer is unable to prove that the conditions to pass a probation period remain the same across all employees, it could put the employer at a disadvantaged status since it is a violation of the principle of impartiality. Therefore, performance appraisal during the probation period can be a piece of strong evidence to support the legitimacy of a layoff.

If you have any questions regarding performance appraisal, please contact us at service@valuestme.com. Please describe your inquiry in detail in the email, our specialist will get back to you as soon as possible. We would also like to welcome you to participate in our seminar in December 15th, 2021, at 02:00pm. In the seminar, we will talk about performance appraisal’s importance in regards to labor relations.

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