The Predicament And Outlet Of The Forced Ranking System Under The Labor Contract Law

As a performance appraisal method,the “forced ranking” system has been controversial.The official has held a negative attitude to the “forced ranking” system,which almost has no legitimate living space under the existing law.But the system has not been eliminated by the market,the legal disputes about “forced ranking” system is increasing,in order to obtain the harmonious coexistence and win-win of employee and the employer,we must work together to regulate the implementation about “forced ranking” system.From the perspective of enterprises,implementation of the “forced ranking” system must be established on the basis of scientific performance appraisal system,variety of ways of elimination should be practiced,and the combination of the standard of relative bottom with the rule of absolute incompetence is also necessary.By these ways,not only the enterprises do obey the law,but also they play a role in streamlining the organization and improving efficiency.From the point of view of legal,we should improve the system of labor contract termination and the layered protection of employee,Additionally,we also need to improve the system of case guidance,and exert the function of judicial creation fully,improve enterprise rules and regulations,to make sure the behaviors of enterprises are under the legal.