Les opérateurs économiques sont confrontés à un fort accroissement de la concurrence combiné à des préoccupations sociales et environnementales désormais devenues indispensables. De ce constat, il semble que la performance qu’elle soit de type économique, social ou environnemental, soit devenue une valeur intrinsèque qui s’intègre ponctuellement à des obligations, ou engendre des obligations. Elle sera parfois extérieure au contrat et imposée par le droit lui-même. En ce sens, le législateur impose que la rémunération de certains dirigeants de sociétés soit obligatoirement indexée sur des critères de performances. Mais la performance sera parfois interne au contrat et constituera un élément essentiel pour ce dernier. Ces manifestations traduisent un mouvement d’ensemble rendant nécessaire la construction d’une réflexion juridique sur la performance, prisme de lecture devenu inévitable et particulièrement crucial. En dépit de l’attrait de la quête de performance, le droit est à la recherche d’un point d’équilibre de nature à permettre un développement économique dans les meilleures conditions, adossé au respect de l’environnement, naturel, humain, voire sociétal. C’est dans cette perspective que la dynamique de cette étude est construite. Elle appréhende la performance comme le fait d’atteindre un objectif, avec des moyens et des méthodes efficientes, tout en limitant les pertes financières et les effets néfastes. La performance est la nouvelle clé de lecture de la vie en société, et le droit des affaires s’impose à cet égard comme l’un des premiers relais / Economic operators are facing a sharp increase in competition combined with social and environmental concerns that have become of the essence. From this observation, it seems that the performance, be it economic, social or environmental, has become an value that is part of obligations, or creates itself obligations. It will sometimes be outside the contract and imposed by the law itself. In this sense, the legislator requires that the remuneration of certain companies executives is compulsorily indexed on performance criteria. But the performance will sometimes be internal to the contract and will be an essential element for the latter. These events reflect an overall movement making it necessary to construct a legal dissertation on performance, a new reading prism that has become inevitable and particularly crucial. Despite the attractiveness of the quest for performance, the law is seeking a point of balance likely to allow economic development in the best conditions, backed by respect for the environment, natural, human, even societal. It is in this perspective that the dynamics of this study is built. It understands performance as achieving a goal, with efficient means and methods, while limiting financial losses and adverse effects. Performance is the new key to reading life in society, and business law is one of the first relays

Since the 1980s, New Public Management (NPM) has deeply influenced the public sector across the world, and thus measuring or managing performance has become a principal element of government reform. In terms of borrowing models and techniques from the private sector, performance measurement has been significantly extended into government, but differences between the two sectors have led to difficulties and criticism of this practice with a wide inconsistent variety of different theoretical explanations about it. In this context, this thesis investigates the effectiveness of performance measurement and theoretical explanations of conditions for its success in the public sector. It focuses through a comparative methodology on Comprehensive Performance Assessment and Joint Performance Assessment that have recently been introduced between the levels of government in England and Korea for the improvement of local government performance and accountability. Extensive analysis of literature and case studies have allowed the thesis to find firstly, that the introduction of such unique assessment systems, by which the centre assesses localities, was deeply affected by the environmental commonalities of both countries such as centralisation in inter-governmental relations and enthusiasm for NPM. Second, the empirical evaluation of both tools shows that they have in practice been valid for accurate assessment, and directly functional for improvement and indirectly for accountability to the public. Their high validity and functionality proved to be mainly attributable to two characteristics. One was institutionally that both frameworks were based on a balanced approach to performance and the disclosure of assessment results to the public for facilitating competition between localities. The other was that both had impacted on internal management of local government which led to change in organisational culture with more focus on performance. However, it identified a necessity for local authorities to participate in the development process of those tools to ensure legitimacy of central management of local performance since they enjoy their own electorally based political support. The research has also found the importance of assessors’ expertise for accurate assessment and a possibility that performance measurement can contribute to the resolution of political tension and cooperation between central and local government when it focuses more on outcomes than input and process. A deeper theoretical and practical understanding of these successful experiences and important policy elements in contemporary public management contributes significantly to knowledge in the three settings of evaluation of policy instruments, comparison between countries and central-local relations. Finally, the study assists each country and others to draw lessons from each other.

Thesis (MPA.) -- University of Limpopo, 2010 / The purpose of this study was to evaluate the implementation of Performance Management System in the Ba-Phalaborwa Municipality. The need for this study was considered relevant and necessary as municipalities today have become focus points for service delivery as per their constitutional obligations. Central to the constitutional mandate, amongst other things, the Municipal Systems Act 32 of 2000 requires municipalities to establish a Performance Management System that will play a pivotal role in promoting a culture of Performance Management. It is through Performance Management that priorities, objectives and targets set, as contained in the Integrated Development Plan, are implemented and measured. In this study, the researcher evaluates the capacity of the management of the Ba-Phalaborwa Municipality to implement Performance Management System, the compliance of the Performance Management System with legislation and the perceptions of labour unions in the implementation of the Performance Management System. The study further provides an analysis of the state of the Performance Management System in the Ba-Phalaborwa Municipality. It discloses several issues that require immediate attention by management in order to make Performance Management fully compliant and functional. Amongst other things, the study reveals that there is minimal employee involvement in the planning of Performance Management, lack of training opportunities to address identified weaknesses, non-payment of performance bonus to good performing employees and majority of employees not knowing their performance targets as reflected in the Service Delivery and Budget Implementation Plan. The study concludes by providing recommendations to management of the Ba-Phalaborwa municipality on how to enhance good Performance Management. Some of the recommendations proposed are payment of performance bonus to good performing employees, consultations with all employees on the implementation of the system, cascading of the Performance Management to all lower levels employees, to cite just but few examples. The correct implementation of Performance Management System will serve as a means to enhance organizational efficiency, effectiveness and accountability in the use of resources in accelerating access to good quality services and a better life for all.

Mini-research report presented in partial fulfillment of the requirements for the degree of Master of Business Administration at the University of Stellenbosch. / ENGLISH ABSTRACT: This research report is focused on the phenomenon that various Key Performance Indicators (KPIs) used by an organisation as part of their Performance Management systems in support of their strategic objectives will sometimes also drive non-productive behaviour. Thus although the intention might be that the KPI should promote a specific strategic objective, the very same KPI might drive additional behaviour that might not be aligned with the strategic objectives at all or could even be downright destructive. The purpose of this research study is to develop an analysis methodology that can be used to identify those KPIs that drive negative secondary behaviour (the intended positive behaviour being the primary behaviour). The methodology must also assist in identifying preventive measures that can be used to mitigate the risk posed by the negative behaviour. An interesting aspect of this research report is that it cross-references between the business and engineering disciplines by means of adapting techniques used in engineering to assist with a business management problem. The result of this research is a KPI Effectiveness Analysis that has gone through a trail phase where a number of case studies were analysed by means of this tool. The results were conclusive and the analysis tool found to be of great assistance. / AFRIKAANSE OPSOMMING: Hierdie navorsingsverslag fokus op die verskynsel dat Sleutel Prestasie Indikators (SPI's)wat deur ondernemings gebruik word as deel van hul prestasiebestuur-stelsels en wat ten doel het om die strategiese doelwitte van die onderneming te ondersteun, soms ook nie-produktiewe gedrag bevorder. Dus alhoewel dit die intensie met die SPI mag wees om gedrag te bevorder wat die strategiese doelwitte sal ondersteun, dieselfde SPI ook gedrag kan bevorder wat glad nie die strategiese doelwitte ondersteun nie en dalk self destruktief van aard kan wees. Die doel van hierdie navorsingstudie is om 'n analise metodologie te ontwikkel wat gebruik kan word om die SPI's te identifiseer wat negatiewe sekondêre gedrag bevorder (waar die bedoelde gedrag as die primêre gedrag gesien word). Die metodologie moet ook die identifisering van moontlike voorkomende stappe help fasiliteer wat gebruik kan word om die risiko van negatiewe gedrag te vernminder. 'n Interessante aspek van hierdie navorsingsverslag is dat daar 'n kruisverwysing gedoen word tussen die besigheids- en ingenieursdissipline deur tegnieke wat in die ingenieursrigting gebruik word aan te pas ten einde te help met 'n besigheidsbestuursprobleem. Die resultaat van die navorsing is 'n SPI Effektiwiteitsanalise wat tydens 'n toetsfase in 'n paar gevallestudies geanaliseer is deur hierdie metode te gebruik. Die resultate was konkreet en bewys dat die analise metode van groot hulp is.

The purposes of this study were to identify the procedures and criteria used for conducting teacher performance evaluation in Texas public schools, to determine the degree to which teacher performance evaluation procedures and instruments reflect the stated evaluation policies of Texas public schools, and to determine the degree to which teacher performance evaluation instruments used in Texas public schools reflect presage criteria (teacher characteristics) as opposed to process criteria (teacher behavior) as opposed to product criteria (student change or gain) as opposed to general job performance requirements (job expectations). The main findings include the following. (1) Teacher performance evaluation is required in all Texas public school districts and is often performed several times a year by more than one observer. The building principal is the key person involved in this process. (2) Although all school districts stated the supervisory function of the improvement of instruction as the major purpose of their teacher performance evaluation policy, a large number of school districts utilize teacher performance evaluation for the administration functions of serving as a basis for retention or dismissal. (3) If in reality teacher performance evaluation were construed as the improvement of instruction or teaching performance, it should be predictable that process criteria (teacher behavior) would account for the majority of items in the evaluation instruments. However, these items accounted for only about one-fourth of the total number. At the same time, items relating to general job requirements accounted for over 50 percent of the items. This exhibits a maintenance rather than teaching thrust. (4) The data gathered on current teacher performance evaluation instruments appear to be highly pertinent to maintaining the school as an organization and appear to be helpful in making personnel decisions. (5) Teacher performance evaluation instruments in Texas public schools are much more heavily weighted toward assessing teachers in their multiple roles rather than the many aspects of teaching.

The use of non-financial performance measurements (such as quality, delivery and customer satisfaction) has received a lot of attention from practitioners and academics over the last two decades in developed countries. This research project is an exploratory study in Libya to investigate the use of non-financial performance measurements (NFPMs) in a developing country's commercial banking sector. The Libyan service sector is the second contributor to the Libyan Gross Domestic Product (GDP) after the oil sector. Within the service sector, the commercial banking sector has been playing a significant role in the development of the Libyan economy. This research project aims to: 1) explore the current use of NFPMs in the Libyan commercial banking sector (LCBS); 2) determine the environmental factors influencing the use of NFPMs in the LCBS; and 3) explore the impact of NFPMs on financial performance measurements (FPMs) in the LCBSA grounded theory methodology was adopted and four case studies (two State owned banks and two private banks) were conducted. Each case study was analysed according to a structured set of coding procedures (based on the grounded theory approach of Strauss and Corbin, 1990) and substantive hypotheses emerged for each case study. A cross-case analysis of the four case studies gave rise to the following nineteen formal hypotheses which (together with the model developed from the four case studies) are the main findings of this study: H1 The limitations of FPMs are one of the major motives leading to a bank's use of NFPMs H2 A more competitive environment is one of the main motives for managers in a bank using NFPMs. H3 Management's knowledge of the relationship between NFPMs and FPMs is one of the major motives leading to the use of NFPMs in a bank. 11 H4 Demanding customers are one of the major motives leading to the use of NFPMs in a bank. H5 The nature of the banking industry as a service oriented industry is one of the major motives leading to the use of NFPMs in a bank. H6 Lower level managers in a bank tend to use NFPMs more than middle and higher level managers do. H7 Operational experience of management, competence of management, management with more authority, top management's interference, stability of management, and collective working group positively affect a bank's use of NFPMs. H8 New regulations and strategies of the Central Bank and the uncertainty of the economic environment positively affect a bank's use of NFPMs. H9 Some of the Central Bank's old regulations, over-control and interference of the Central Bank, information shortage, weakness of infrastructure, traditional educational system, State ownership and the general public's lack of banking knowledge negatively affect a bank's use of NFPMs. H10 The development of human resource strategies to be more service-oriented is associated with a bank's use of NFPMs. H11 The development of the reward system to be linked with non-financial performance and to be more service-oriented is associated with a bank's use of NFPMs. H12 The development of the banking system (operating, information and reporting system) is associated with a bank's use of NFPMs. H13 The development of a bank's management accounting information is associated with its use of NFPMs. H14 The development of a bank's organisational structure is associated with its use of NFPMs. H15 The adoption of advanced management practices is associated with a bank's use of NFPMs. H16 Use of NFPMs encourages a bank to diversify and improve its range of services. H17 Use of NFPMs encourages a bank to adopt advanced technology. H18 Use of NFPMs improves a bank's profitability, customers' deposits and other FPMs in the long-term. H19 Use of NFPMs leads to an increase in a bank's capital expenditure.

Thesis (MPA.) -- University of Limpopo, 2007 / Refer to the document

Thesis (M. Dev.) -- University of Limpopo, 2013 / Recent changes in the allocation of land through the results of land redistribution have compelled members of communities to form committees, that is, Communal Property Associations (CPAs) that would be responsible for managing the claimed land. The Maruleng Local Municipality was not excluded from this process. Five of the CPAs have been formed under the above mentioned municipality to manage claimed land. The research investigated the impact of performance management on the Moletele CPA’s performance at Maruleng Local Municipality of the Limpopo Province. The management of Moletele CPA was not without challenges, problems such as lack of resources, adequate training programmes, lack of clear policy and objectives were also found in the study. This research also seeks to investigate why Moletele CPA is performing better than the other CPAs in the municipality. In order to understand the total context of the challenges faced by Moletele CPA, an empirical research and interviews were conducted to collect data from the members of Moletele CPA. The findings of the study suggest that a lack of resources and relevant training programmes are contributing negatively towards the performance of the Moletele CPA in particular, and other CPAs in general. To conclude, the study revealed that performance management is not determined by one factor, but other challenges such as clarity of policies and cooperation amongst stakeholders also contribute towards the success of the Moletele CPA ;hence the recommendations made in chapter five.

Thesis (MPA) --University of Limpopo, 2012 / While performance management is a widely used system in many countries, in South Africa the Public Service Regulations (2001) is a base for a Performance Management and Development System in the public service. The Public Service Regulation (2001) gives effect to performance management systems for purposes of managing performance of individual employees, framework for performance assessment, the outcome and communication of assessment results, and managing unsatisfactory performance, as well as providing a framework on incentives for good performance. Each province is therefore, required to adapt the Performance Management System to its environment to ensure the implementation of the provisions of the Public Service Regulation, (2001). However, as cited by Letsoalo (2010), the introduction of a system of managing performance was received with different reactions, both positive and negative, by the vast majority of employees in the public sector. As a result, this study investigated the attitudes of individual employees towards performance management and development system. The main aim of this research is to present the conclusion drawn from the study, as well as make recommendations emanating from the analysis of information gathered in literature review and through questionnaires completed by departmental staff in the Department of Culture, Sports and Recreation. In identifying different reactions by civil servants to Performance Management and Development System, the study placed an effort in probing different perceptions on Performance Management and Development System amongst employees in the Department of Culture, Sports and Recreation in Mpumalanga Province. There are varying perceptions demonstrated by respondents regarding questions posed to them on the Performance Management and Development System as implemented in the Department of Culture, Sports and Recreation in Mpumalanga Province. There is a perception that the Performance Management and Development System is a penalizing tool used by supervisors on their subordinates and that official’s performance is not duly acknowledged as is supposed to. There is persisting conflict between supervisors and their subordinates resulting from supervisors rating their subordinates without their input, submission of performance results is for compliance It is held in this that the Department of Culture, Sports and Recreation must ensure that effective communication of the system to the rest of the employees of the provincial government is maintained so as to allow employees to understand the system and what is expected of them, the development of the implementation capacity internally through the Performance Management and Development System Champions will in any regard, and as such limit inconsistencies during application of performance management and development system which impacts negatively on the overall performance of the organization.

To upgrade administrative performance and quality of service, enhance the public¡¦s confidence in the government and elevate national competitiveness, the government requires Central Personnel Administration to make government agencies of all levels implement performance bonus system, combined with performance-based pay system, performance management system and performance appraisals adopted by both state-run and private enterprises. However, it is still a matter of opinions whether the system will work in bringing up the morale of civil servants in government agencies, which is worthy of further study by those concerned about public affairs. For the purpose of understanding the validity of performance bonus system executed by Penghu County Government, the study, based on ¡§Performance Bonus Scheme for the Executive Yan ¡® Administrative Agencies of All Levels¡¨ referring to related research papers and commentaries on performance bonus theories by scholars and experts, presents four aspects as to its evaluation: staff members¡¦ identification, administrative policies, effects and learning organization. A survey has been made for all public servants in county government and all agencies under it as well as in city and rural township agencies to attain the goal. Through statistics and analysis, barriers to the system include difficulty in evaluation, no connection between its goal and the prospects and administrative policies of the agency, lack of objectivity in applying the same evaluation to different types of agencies, insufficient inducement as a result of small amount of bonus, unfamiliarity with the scheme. Further analysis leads to the significant findings as follows: as far as identification is concerned, both males and females surveyed are in favor of the scheme, with higher support from personnel with lower education back- ground, non-executive and lower-ranking personnel while younger persons tend to disagree with the perfection of the scheme. In the aspect of administrative policies concerning performance management and evaluation, better-educated persons are apt to regard the evaluation applied to the different types of agencies as objective and more executives than non-executives approve of the objectivity of personal performance evaluation. As for its effects, those surveyed share no obvious differences regardless of age, education back-ground, position and rank; more senior officers agree that those awarded personal performance bonus are not entitled to sharing group performance bonus; All surveyed people, especially seniors, those with shorter record of service, those with high school (or under it) education back-ground and non-executives, identify with it. In view of the above-mentioned problems and findings, the study tries to make some suggestions for improvement: assisting the establishment of performance evaluation mechanism, promoting policy marketing, carrying out personnel involvement, enhancing administration through performance bonus system, flexibly adjusting means of performance management, offering more-profit inducement since the small amount of bonus is not incentive enough, carrying on performance bonus system and integrating it into the organizational culture; bettering the functions of performance evaluation committee, combing administrative performance evaluation, performance bonus system and annual merit evaluation together, building up knowledge-sharing mechanism through group learning.