Performance Evaluations And Performance-Based Terminations In Labor Law

I. INTRODUCTION

Performance evaluations are an important tool for employers in determining whether an employee is fulfilling their duty to perform work at the expected level. This process, which allows for the evaluation of an employee’s knowledge, skills, competencies, and work results according to specific criteria, is also important for the continuation of the employment relationship. Indeed, a determination of poor performance resulting from a performance evaluation may lead to the termination of the employment contract under certain conditions.

II. CONCEPTS OF PERFORMANCE AND PERFORMANCE EVALUATION

Performance, in a general sense, refers to the quality and level of effort an employee demonstrates while carrying out the work assigned to them. The Court of Cassation also considers performance in terms of the quality and level of labor the employee expends during the work process and contributes to the production of the work. In this context, performance is a broader concept that