If you don't attend a full year's class, you won't get a bonus; The contract money confiscated at the time of resignation is not included in the sales commission and performance reward
Is the income such as the year-end bonus of the mid-term resignation also "out of the field"?
Reading tips. When employees leave their jobs before the end of the year, they often face problems such as year-end bonuses, sales commissions, performance incentives, and unused annual leave wages that cannot be received as scheduled. In fact, the year-end bonus is a form of remuneration, and it is not that the employer does not want to give it. Employers need to clarify the rules for the payment of important bonuses, and employees should also keep relevant evidence to help protect their rights.
Recently, the topic of "missing 1 day of work due to illness and no year-end bonus" has sparked heated discussions on the Internet. In December 2022, Ms. Peng was unwell and hoped that the company could arrange a replacement to allow her to rest for a few days. After several negotiations, the company did not arrange for her to take a compensatory leave, and Ms. Peng resigned from the company on December 29 of that year, which is the penultimate day of the year's working days.
Ms. Peng filed a lawsuit with the court, demanding that the company pay her salary, compensation and year-end bonus. According to the company, the rules and regulations clearly stipulate that only those who have worked for the whole year can receive the year-end bonus of the previous year in January of the following year, and Ms. Peng failed to "go to the whole year" and did not meet the conditions for receiving the year-end bonus.
Can an employee still receive a year-end bonus after leaving the company? Does leaving a job mean that the rights and interests also have to "leave" in the middle of the job? Shen Jianfeng, director of the Academic Committee of the Law School of the China Institute of Labor Relations, said that year-end bonuses and performance commissions are uncertain and long-term, and often need to be assessed and calculated, and can only be issued at intervals, which is easy to cause controversy.
Can I receive a year-end bonus before I have completed the whole year?
Shen Jianfeng believes that the year-end bonus belongs to the labor income of the employee who has worked for one year, and the year-end bonus cannot be affected by whether or not to leave the company under the condition of meeting the payment conditions.
Lou Yu, a professor at the School of Civil, Commercial and Economic Law of China University of Political Science and Law, said in an interview with the reporter of "Workers" that if the year-end bonus is an additional reward for the cumulative work of the workers according to their own benefits, the enterprise can stipulate in the rules and regulations whether the year-end bonus can be obtained after leaving the company according to the right to operate independently. If the usual performance bonuses and commissions are paid at the end of the year, the employee is entitled to receive them after leaving the company.
In Ms. Peng's case, the court held that Ms. Peng had to recuperate due to the new coronavirus, which triggered the subsequent resignation, so although she still had to work one more day to be counted as one year, taking into account factors such as the company should arrange necessary sick leave during the period when the employee was infected with the new coronavirus, it was determined that Ms. Peng could receive the year-end bonus for the year after working for one year.
Recently, the People's Court of Toutunhe District, Urumqi City, Xinjiang also heard a dispute case involving year-end bonuses. Cheng Mouhai was originally a security service employee in Urumqi. Due to the company's unreasonable reduction in wages, in November 2020, Cheng Mouhai resigned.
Cheng Mouhai applied for arbitration, demanding that the original company pay economic compensation for the termination of labor relations and pay a bonus of 60,000 yuan for the year. The security company believes that Cheng Mouhai did not insist on a full working year, did not have an assessment, and did not meet the standards for issuing bonuses.
The issuance of year-end bonuses generally needs to meet certain conditions, such as working years and year-end assessment grades, which can only be completed through the assessment procedures of the employer. Shen Jianfeng said that at this time, from the perspective of reasonableness, the assessment should be judged or paid directly according to the situation of the personnel in the same position.
After the trial, the People's Court of Toutunhe District, Urumqi City, held that if the employee has worked for less than one year in the assessment year corresponding to the year-end bonus, the unit shall determine the proportion of the year-end bonus according to the proportion of the employee's actual working time to the annual working time. In the end, Cheng Mouhai got back the year-end bonus of 550,000 yuan.
Is the uncollected contract payment accrued at the time of separation?
In addition to the year-end bonus, employees often face problems such as sales commissions and performance rewards when they leave the company. Recently, Pingshan District, Shenzhen, Guangdong Province, disclosed a labor dispute case about sales commissions. Zhu was originally a foreign trade salesman of a company, and in November 2020, Zhu was terminated from the labor contract due to fault. When settling wages, there is a dispute between the two parties over the commission wages for that part of the sales performance.
In court, Zhu submitted the annual performance statement of the business department, the monthly performance sales table and the commission table, etc., and calculated that the salary of the sales performance commission without the shipping bill was more than 100,000 yuan.
The company said that the normal process is to calculate the commission salary after the shipment is completed, and in the case of unfinished production, it is impossible to calculate the cost and the commission salary of the salesman. Moreover, the two parties have terminated the labor relationship, and Zhu is not eligible to receive commission wages again.
Lou Yu analyzed that sales commissions and performance rewards are all consideration for workers' labor and are part of wages.
In the end, the court held that although the labor contract between the two parties was terminated due to Zhu's fault, it could not exempt the employer from the obligation to pay the employee's wages, and ordered the company to pay Zhu more than 100,000 yuan in the commission salary of the production order before his resignation.
Ms. Wu also had a similar experience with Zhu. In March 2022, Ms. Wu submitted her resignation to an exhibition company in Guangzhou and asked the company to pay her commissions for the six projects completed during her tenure. The company believes that only one of the six projects has recovered the contract money, and if the employee leaves the company in the middle of the job, there is no need to accrue the business commission for the contract money that has not been recovered, so the company only needs to pay Ms. Wu the business commission of this one project.
Ms. Wu applied for labor arbitration, and the arbitration institution recognized the opinion of the exhibition company. Ms. Wu was not satisfied and filed a lawsuit. The Guangzhou Haizhu District People's Court held that the business commission was part of her labor remuneration, and that the business commission was not calculated for the contract money that had not been recovered at the time of resignation, which clearly violated the principle of fairness and deprived Ms. Wu of her main right to obtain labor remuneration, which was an invalid clause. The court decided at its discretion that the exhibition company should pay Ms. Wu a commission of 50% of the agreed standard.
Employers need to clarify the rules for payment.
According to many years of experience, Sun Kexin, director of Beijing Jiahao Law Firm, told reporters that in addition to year-end bonuses and performance commissions, workers often encounter rights and interests disputes such as unused annual leave, overtime pay, and social security when they leave their jobs.
If an employee believes that his rights and interests have been infringed upon his or her resignation, he or she may claim his or her rights by filing a labor arbitration or lawsuit. Sun Kexin suggested that under the premise of legality, workers can pay attention to retaining relevant documents, **sound** and other evidence in their work, so as not to have no grasp when defending their rights.
Lou Yu also reminded employees to keep relevant evidence, including previous year-end bonuses, performance commissions, overtime pay and other payment records and calculation rules. In addition, in order to save the cost of rights protection, it is recommended that workers leave their jobs after these funds are disbursed.
In order to prevent disputes such as year-end bonuses upon resignation, employers need to clarify the rules for payment through labor contracts or enterprise rules and regulations. Enterprises should realize that year-end bonuses and other forms of remuneration are not given if they don't want to. Enterprises should establish a reasonable long-term payment system for their own business conditions, so as to avoid the above-mentioned incentives exceeding their ability to pay and resulting in inability to pay. Shen Jianfeng said.
Tian Siwei, a professor at the School of Economic Law of East China University of Political Science and Law, believes that in order to avoid disputes over the rights and interests of employees when they leave the company, employers should emphasize the special situation of employee resignation when formulating rules for the payment of important bonuses such as year-end bonuses and performance commissions, so that employees can have clear expectations.
It is recommended that the employer proceed from the principle of fairness and reasonableness and make a comprehensive determination based on the substantive elements such as the employee's daily work performance, on-the-job time, performance completion, and attendance, rather than taking whether the employee is still on the job as the exclusive decisive criterion. When formulating rules, it is necessary to ensure that the procedures are standardized and transparent. Tian said.
*:Worker** Reporter Tao Wen.
Related: