Notificacion Bajo Rendimiento
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Juan Manuel Castilla IriarteNotificacion Bajo Rendimiento
Cargado por
Juan Manuel Castilla IriarteCommon questions
Con tecnología de IAThe requirement document aims to protect the employer by providing a clear framework for addressing performance issues legally and methodically, ensuring any decision to terminate employment is well-documented and justified by demonstrating efforts to correct the employee's performance. It protects the employee by guaranteeing they are notified of their performance issues, given time to improve, and allowed to defend themselves, ensuring a fair and transparent process .
Employers should consider individual employee capabilities and circumstances that might justify lower performance levels compared to others performing similar functions. This comparison must take into account each worker's situation to avoid unfair discrepancies when evaluating poor performance, ensuring a fair and justifiable process is followed .
If an employer fails to follow the specified steps in the performance requirement document before terminating an employee, they risk legal challenges such as wrongful termination claims. This is because the process ensures legal compliance with labor laws that require employees to be given sufficient notice and opportunity to address performance concerns, and failing to adhere may result in the employer being unable to justify the termination as for just cause .
The document ensures the employee's right to defense by requiring the employer to issue written notifications at least twice, allowing the employee to understand the performance expectations and the alleged issues. The employee is given the opportunity to adjust their performance or provide an explanation. Furthermore, they have the right to submit a written disagreement if they contest the claims, thereby respecting their right to defend their actions .
The document suggests that circumstances justifying an employee's lower performance compared to peers may include personal issues or conditions that impact their ability to perform at the expected level. These factors must be considered individually and might include health issues, personal challenges, or lack of proper support in the workplace .
Specification of job performance expectations is important because it provides a clear benchmark for evaluating an employee's performance. It ensures that the employee is aware of what is required of them from the start and throughout their employment. This clarity helps prevent misunderstandings and provides a fair basis for assessing whether the employee is meeting the set expectations, which is crucial for any performance-related proceedings .
Allowing the employee to express disagreement in writing is significant because it ensures the procedural fairness of the disciplinary process, giving the employee a formal avenue to present their side, which might include mitigating circumstances or errors in the employer's assessment. This step not only enhances transparency and communication but also helps uphold legal standards of due process, reducing potential conflicts or disputes .
The document states that an employee's inability to meet performance expectations adversely affects the organization by hindering the effective execution of the responsibilities for which the employee was hired. This results in a negative impact on productivity and the achievement of organizational goals, requiring the employer to take corrective action .
According to Colombian labor law, specifically Article 62 by numeral 9 combined with Article 1 of Decree 1127 of 1991 compiled in Article 2.2.1.1.3 of the Decreto Único Reglamentario 1072 of 2015, an employer must comply with specific procedural requirements to terminate a contract due to poor work performance. The employer must issue a written warning to the employee at least twice, with an interval of no less than eight days between notifications. This procedure serves to notify the worker and provide them the opportunity to adjust their performance or explain the reasons for the decline, ensuring the employee's right to defense is respected .
The requirement document is beneficial for employers as it provides a standardized method to document the steps taken to address an employee's poor performance, which is necessary to fulfill legal obligations before terminating employment with just cause. By requiring written notifications and providing the employee with opportunities to respond, employers can demonstrate due diligence and adherence to the legal process, which could protect them from wrongful termination claims .
