CONSIDERATIONS REGARDING THE IMPORTANCE OF PROFESSIONAL APPRAISAL OF EMPLOYEES

2. CONSIDERATIONS REGARDING THE IMPORTANCE OF PROFESSIONAL APPRAISAL OF EMPLOYEES Răducan OPREA Ph.D. in Law, Professor at „Dunărea de Jos” University Galaţi Faculty of Legal, Social and Political Science E-mail: raducan.oprea@ugal.ro Ramona Mihaela OPREA Ph.D Student Prep., Faculty of Judicial, Social and Political Sciences, “Dunărea de Jos” University of Galati, Romania E-mail: ramona.m_oprea@yahoo.es

3. Considerations regarding the legal nature of the individual performance objectives and also the evaluation criteria of their achievements • However, this solution is one of principle, since not every element that enters into its contents is a result of negotiation. • Thus, the content of the individual labor contract means the rights and obligations of the parties, which are established, usually in terms of the form, in the contractual clauses (for example, the clauses resulting from the fulfillment of the obligation to inform the employer). • So, the criteria for evaluating the professional activity of the employees are compulsory for each individual contract and they are established by the internal regulations. • Certainly, the general evaluation criteria are assessed to the evaluation criteria of the professional activity of the employees and appear as part of the exclusive prerogative of the employer to establish the individual performance objectives and the criteria for evaluating their achievement for each employee. • As such there is a type-species relationship between the individual performance objectives, namely the evaluation criteria of their accomplishment and the criteria evaluation procedures of the professional activity of the employees that the legal nature of the first party may not be a contract term but simply an item of information.

4. Individual performance objectives versus the tasks in the job description • Individual employee performance objectives are not listed among the elements of information of the person selected for employment. However, if they can be set initially at the conclusion of the individual labor contract, is natural to be part of its contents to be applied to the employee. • The functions of the job description can be the result of the agreement between the parties of the contract, while the individual performance objectives are set unilaterally by the employer during the contract execution. • Without denying the possibility of negotiating the duties of the job description, as well as the individual performance objectives and/or the evaluation criteria, we note that, however, they are the rights of the employer and, as such, giving up in whole or in part, reflected in contract terms is a matter solely concerning it.

5. The Performance Objectives in the General Professional Performance Evaluation of the Employees • In 2011 it was settled that in order to tie the employees at the collective redundancies it must take into account the evaluation of the objectives of performance. Only later, if necessary there are considered the social criteria and / or collective agreements according to the law. • The evaluation performance in relation to these objectives assumes particular importance in relation to the evaluation of the tasks in the job description, respectively with the work rate in the general evaluation of the professional performances of employees.

6. The Evaluation of the Professional Activity of the Employees and the Duty of Care or Result in the Employment Law • Considering those mentioned items, there is a possibility that the evaluation of the professional activity of the employees according to the performance objectives affects the nature of the work obligation assumed by the employee - it remains the duty of care or turns into an obligation of result? • So long as there is subordination in the employment contract, the work performance in relation to its objectives is not restricted to an obligation of result, because, unlike the civil contract where the provider achieves its objectives without having his work controlled by the beneficiary, according to the labor law the achieving of this objective is done because of its organization by the employer, respecting a program of work, guidance, work discipline, etc.

7. Conclusions • The setting of the criteria and procedures for evaluating the professional activity of the employees is an exclusive right (and also an obligation) for the employer with the drafting of the internal regulations - its binding individual act cannot be produced of collective bargaining. • In 2011 it was settled that in order to tie the employees at the collective redundancies it must take into account the evaluation of the objectives of performance. Only later, if necessary there are considered the social criteria and / or collective agreements according to the law. • We understand that the evaluation of performances according to these objectives becomes particularly important against the evaluation of the implementation of the tasks in the job description, namely the evaluation of the normal work rate.