The year-end bonus is one of the most anticipated incomes for many professionals, especially for employees working in large factories, the year-end bonus is often as high as four months' salary or even more. However, in recent years, with the changes in the economic situation and the intensification of competition in the industry, some large factories have adopted an unspoken rule in the workplace in order to save costs: to lay off employees before the year-end bonus is issued, and replace the year-end bonus with layoff compensation.
According to the Labor Contract Law of the People's Republic of China and the Regulations for the Implementation of the Labor Contract Law, when an employer dissolves or terminates an employment contract with an employee without fault, it shall pay the employee one month's salary for each full year of service with the employee. If it is more than six months but less than one year, it shall be counted as one year;If it is less than six months, the worker shall be paid half a month's salary.
The monthly wage of severance refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract, including hourly wages or piece-rate wages, as well as monetary income such as bonuses, allowances and subsidies. The year-end bonus or year-end double salary due to the employee shall be apportioned equally over the 12 months of each year when included in the wage base.
If the year-end bonus is replaced by redundancy compensation, it actually violates the nature and purpose of the year-end bonus. The year-end bonus is a reward given by the employer to the employee for his or her work performance and contribution over the past year, which is part of the employee's due salary and should not be deprived or replaced. Replacing the year-end bonus with redundancy compensation is equivalent to the employer terminating the labor contract on the grounds of no fault before the annual bonus is issued, thus evading the responsibility of paying the year-end bonus, which is an unfair treatment of the employee and a destruction of the incentive mechanism of the employee.
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