【Otaku Finance丨Year-end bonus quick questions and quick answers】Approaching the end of the year, the year-end bonus has become a topic of concern for workers, and some units have endless cases of disputes with employees due to "playing tricks". Otaku Finance invited Yang Baoquan, a senior partner of Beijing ZhongYin Law Firm, to answer the legal issues behind the distribution of year-end bonuses.
Does the unit have to pay a year-end bonus?Yang Baoquan said that although the law does not stipulate that the unit must issue it, if the two parties clearly agree on the year-end bonus in the offer, employment notice, labor contract, and rules and regulations, this will become the legal payment obligation of the unit, and it is not possible not to pay.
Can the year-end bonus be arbitrarily delayed, shrunk, or even cancelled?Yang Baoquan pointed out that if there is an agreement between the two parties or there are relevant regulations, the employer cannot arbitrarily pay less or no year-end bonus, unless the employer can prove that the employee has not met the conditions agreed when setting the year-end bonus. Otherwise, it is an illegal act to pay wages in arrears and employees can claim to protect their rights.
Does an employee have the right to request the company to pay a year-end bonus after leaving the company?Yang Baoquan said that many units have a default unspoken rule, that is, when the year-end bonus is issued, the employee will not be paid if he is not on the job. In practice, there have been many precedents, including judicial interpretations of the Supreme People's Court, which clearly stipulate that this rule is invalid if it restricts the rights of employees and excludes the rights of employees. As long as the employee has worked for the whole year, it is unreasonable to delay the payment of the year-end bonus due to the company's reasons, and it should be repaid to the employee, except in the case of the employee's fault.
Can new employees enjoy the year-end bonus of the year?Yang Baoquan said that it also depends on the agreement between the two parties. If there is a provision in the system, it should be paid, and if it is stipulated that the new employee does not have a year-end bonus, it can not be paid. The year-end bonus is part of the salary structure of the unit with a certain degree of autonomy, which can be set freely, but it must also be within the legal range, neither must be paid, nor can it be arbitrarily not paid, everything must be done in accordance with the rules and regulations.
Reporter Dong Xiangyi Produced by Yu Kunhang Otaku Finance (For more reporting clues, please contact the author of this article: [email protected])
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