Sulimenko D. Legal regulation of performance appraisal of employees.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100430

Applicant for

Specialization

  • 081 - Право. Право

24-01-2022

Specialized Academic Board

ДФ 64.086.045

Yaroslav Mudryi National law university

Essay

In the thesis it is established that the assessment of the results of labor activity of employees (Eng. – employee performance appraisal) is a procedure of determining the effectiveness of the tasks and job responsibilities of the employee in order to identify achievements and shortcomings in work, establish efficiency / inefficiency and decide on further employment of the employee, his/her bonuses or dismissal. Employee performance appraisal is often seen as synonymous with «staff appraisal» (Appendix C). The paper argues that these categories are not identical, because ORDP is a narrower category than staff assessment. The performance appraisal is a complex system, the efficiency of which depends on compliance with certain characteristics. Unlike all types of personnel evaluation, performance evaluation is a multi-purpose method that helps to solve a number of personnel problems and form an effective management system. The performance appraisal’ aims to achieve three groups of goals: administrative, informational and motivational. (b) depending on the timing of the employee appraisal; (c) by frequency; (d) by the entity conducting the assessment; (e) compulsory passage; (e) by subject of assessment. The performance appraisal and certification categories are not identical (Annex C). The performance appraisal is a larger procedure with a variety of objectives, which is more universal and can cover all categories of workers.In addition, it is based on the results of performance appraisal certification. It is proved that the subject of the performance appraisal can be divided into two main approaches to performance appraisal – the results of work and personal qualities of employees. According to the results of the work, the performance appraisal covers the formation of a set of so-called criterion indicators, which are able to measure the level of employee participation in the activities of the organization. The basis for the calculation of such indicators are often objective quantitative data recorded in accounting, technical and economic, statistical reports and other documents. To assess the performance of employees are often used performance indicators that characterize the ratio of the result (effect) and labor costs of the official. The advantage of evaluations of the results of work is that they reflect the actual reality of the phenomenon, have a high degree of proof. But the assessment of employees by their personal qualities involves identifying those personality traits that may affect the employment of employees. Such qualities are called professionally important qualities. Groups of personal, business and professional qualities are most often used to evaluate employees. The advantage of the performance appraisal in terms of personal qualities of employees is the simplicity and speed of receipt. The author argues that moral and business qualities can not be the basis of the performance appraisal, because such qualities of the employee affect the course of the employee's performance of his duties, but the actual results depend not only and not so much on these qualities, but and from many other factors.Moral qualities can affect the end result of the employee's work and have legal consequences only for certain categories of employees, based on their activities, such as teachers, civil servants, prosecutors, judges, because for them moral qualities are one of the components of their professional important features. Only in such cases, moral qualities, along with business, necessary in the process of performing a job function, as they affect the effectiveness of its performance, so they should be enshrined as professionally necessary traits of the employee in the laws governing the activities of such categories of employees.

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