How Does The Unit Issue The Year-End Bonus And How To Quit Halfway?

The year-end bonus is known as the annual bonus.

At the end of the year, many workers have been looking forward to this year-end "egg".

However, if you don't leave your job after a year, or can you get a year-end bonus?

Xiao Qiu went to work in a Biotech Corp in 2011. According to the agreement between the two sides, the labor contract was not terminated until November this year.

Xiao Qiu has been working hard in the company, and has made some achievements in scientific research.

Never thought, because the two sides dispute the attribution of scientific research results, the company abruptly lifted the two sides last year.

Xiao Qiu was also asked to leave.

Because they did not receive the year-end bonus, they both had disputes.

Xiao Qiu thinks that although he has not worked for one year, he has worked hard for half a year, and the unit should pay the year-end bonus to himself. However, the company believes that Xiao Qiu has no right to advocate year-end award if he hasn't worked for a full year.

The court held that although the two sides did not clearly agree on the year-end award, the employer should pay the year-end bonus with the evidence submitted by Xiao Qiu.

Moreover, the work of Xiao Qiu is not satisfied with the fact that the employer has illegally released the labor relationship throughout the year. Therefore, the employer should pay the annual bonus at the end of the year.

If the employee does not leave the labor contract illegally, but the employee himself causes it, can the year-end bonus still require the unit to pay in proportion? This needs to be dealt with separately.

If the two sides do not have agreed conditions for the year-end bonus, the court will generally support the laborers' request; if the two parties explicitly stipulate that the year-end assessment is eligible for year-end awards, the employer will not have to pay the year-end bonus for the mid year workers.

Liu is a senior manager of a waterproof company. The two sides agreed that Liu's annual salary is 540 thousand yuan, of which 180 thousand yuan is the year-end assessment award, which is issued after the year-end examination.

In August 2014, the company decided that Liu had forged academic qualifications and damaged the interests of the company.

Liu took the company to court, requesting the judgment company to pay the year-end assessment award in proportion to 2014.

The court held that the existing evidence could confirm that Liu had damaged the interests of the company, and the company had rescind the legal relationship.

Because the two sides agreed that the year-end bonus should be obtained after the year-end examination in the labor contract, Liu Mounian could not take part in the year-end examination.

Liu refused to accept the appeal and the court of second instance upheld the original judgment.

Since the year-end bonus payment belongs to the scope of the employers' right to operate independently, the unit and the laborer agree that the year-end bonus for year-end examination is eligible for the year-end bonus, which does not violate the mandatory provisions of the laws and regulations, and the two parties shall perform according to the agreement.

If a worker fails to take part in the year-end examination, he shall be deemed to have failed to complete the year-end bonus.

According to

"The forty-seventh provision states:" according to the characteristics of production and operation and economic benefits of the unit, the employer independently determines the wage distribution mode and wage level of the unit according to law.

Whether the year-end bonus and the amount of payment are issued is the scope of the employers' right to operate independently, and the law does not require enterprises to issue year-end awards.

If the employer has agreed on the year-end bonus in the rules and regulations or the labor contract, the year-end bonus will become the mandatory obligation of the employer. The employer will not refuse to give the year-end bonus without proper reasons.

As for the amount of year-end bonus, generally speaking, if the two sides do not have a clear agreement, the employer will usually release the year-end bonus according to the current operating conditions of the year and the year-end assessment of employees. If the employer's rules and regulations or the amount of year-end awards are clearly stipulated in the labor contract, the year-end bonus must be paid according to the agreed amount.

In short, there is no mandatory requirement for the issuance of year-end awards.

"Fair and reasonable" principle.

Specifically, whether the workers who leave the workforce in the middle of the year will advocate the year-end bonus to the unit will be different because of the reasons for leaving the job and the stipulations of the labor contract.

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