Is It Not In Violation Of Labor Regulations When The Unit Does Not Award A Bonus?

In November 20th, the lawyer hotline (3502630) was answered and answered by Huang Risen lawyer of Wuyi law office in Guangdong.

Mr. Li: I am an employee of a factory in Jiangmen. I was injured by work during my work. I found many people not only had wages, but also got bonus every month when I worked in the factory, but I didn't have any bonus. Excuse me, is it illegal for employers to give bonus to me in violation of labor laws? How should I protect my rights for my work-related injuries?

Huang Risen: according to the relevant provisions of the labor contract law and the regulations on the payment of wages in Guangdong, bonuses are part of the wages and are the workers' due treatment. Paying the performance bonus to the workers is the obligation of the employing units.

It should be noted that bonuses, like other forms of wages, are stipulated by workers or employers through labor contracts or by employers.

If Mr. Li and the unit have agreed the bonus in the labor contract, or the employer has stipulated the bonus payment way through the wage payment, the performance appraisal and so on system, and the employer does not pay, violates the labor contract law, Mr. Li can ask the employer.

If the employer does not sign a labor contract with the worker, he can pay the remuneration according to the requirements of equal pay for equal work, including bonus.

Regarding the problem of how to deal with injuries caused by work-related injuries, if Mr. Li is injured due to work and does not know the degree of disability, he can apply to the labor department to apply for disability rating first and claim compensation from the employer according to the assessment results.

As for the amount of compensation, Mr. Li can consult directly with the employer.

If the two parties fail to reach an unanimous agreement, Mr. Li can apply for arbitration to the labor dispute arbitration committee.

Ms. Deng: a few days ago, when I was in the canteen in the factory, I was wearing slippers, and the floor of the canteen was wet and slippery. I accidentally fell to the ground and was hurt.

Excuse me, my injury is not a work-related injury. Should the factory bear the responsibility?

Huang Risen: Ms. Deng's condition should belong to work-related injuries.

Article fourteenth of the regulations on industrial injury insurance stipulates: "workers should be identified as work-related injuries in one of the following situations:

(two) work related preparatory or ending work is injured in the workplace before and after working hours. "

The canteen of employing units is an inseparable part of the work place of the employing unit. It should be regarded as a reasonable extension of the workplace.

Lunch is the necessary physiological needs of employees, and is also the material basis for employees to continue their work. Therefore, lunch is not related to work. The time occupied by lunch can not be artificially separated from the time of direct work. Therefore, the injury that Deng should have when she dine in her factory canteen should be identified as work-related injury.