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【社评】“末位淘汰”?企业行使用工自主权须严守法律底线
Xin Lang Cai Jing· 2026-01-05 18:44
Core Viewpoint - The article emphasizes that performance evaluations should not be misused as a justification for arbitrary dismissals, and companies must adhere to legal standards when exercising employment autonomy [1][4]. Group 1: Legal Framework and Court Rulings - A recent case in Beijing highlighted that a company's practice of "bottom elimination" for employee dismissal was deemed illegal, as it did not comply with legal requirements [1]. - According to China's Labor Contract Law, dismissals must be based on "objective incompetence," and companies must follow procedures such as training or reassignment before termination [1][2]. - The Supreme Court's meeting minutes clarify that dismissing employees solely based on performance rankings is not legally valid [1]. Group 2: Performance Evaluation Practices - Companies often justify dismissals by claiming employees are "incompetent," but being ranked last does not equate to being incompetent, as performance differences may be minimal [2]. - Many companies have flawed evaluation systems that lack transparency and objectivity, leading to unfair dismissals based solely on performance rankings [2][3]. - The practice of "bottom elimination" is often a simplistic approach to management issues, shifting responsibility away from proper evaluation and support systems [3]. Group 3: Employee Rights and Corporate Responsibility - Companies must not abuse their autonomy in employment practices by implementing overly harsh evaluation standards that lead to wrongful terminations [4]. - The article stresses the importance of establishing a fair and scientific evaluation system that protects employees' rights to information and appeals [4]. - The court's ruling serves as a warning to companies that performance evaluations should not be a cover for arbitrary dismissals, and efficiency and employee rights can coexist [4].