Performance in agile working between organisation by objectives and employer powers

Abstract

Under the employment relationship, the achievement of an objective fixed by the employer may be relevant in terms of verifying the fulfillment of the employment obligation. The difference between the results expected and those achieved is considered a sign of negligence. If the discrepancy is relevant, this constitutes a significant contractual breach, which may lead to a justified subjective reason dismissal (defined as “poor performance dismissal”). This interpretation becomes particularly meaningful with regard to law no. 81/2017 allowing the stipulation in the agile work agreement of forms of organisation by stages, cycles, and objectives. Paying particular attention to the jurisprudence on dismissal for poor performance, the contribution examines what role the setting of objectives in the agile work agreement plays and what consequences may arise if these objectives are not met.

Keywords

• organizational models
• dismissal
• breach of contract
• agile work
• diligence
• employer's power