Why Do You Deduct Bonus After Receiving Approval From SMS?

Case playback:

Ms. Yue is a salesman of a company. Not long ago, because of some urgent things at home, it was too late to complete the procedures for taking leave according to the provisions of the unit, and then sent 3 days' leave to the leader in charge of text messages. The leader immediately replied to the message and said it was approved. In accordance with the provisions of the unit, the annual leave of absence within 15 days shall not be deducted from the year-end bonus; if the leave of absence is within 5 days per quarter, the quarterly bonus shall not be deducted. Yueh asked for the 3 days' leave in the quarter, and the quarterly award was deducted by more than 1500 yuan. Ms. Yue wants to know, is it reasonable for a unit to do so?

Lawyers say:

　　 Shenyang Tian Zhonghua, a lawyer for the legal aid center of municipal workers, thinks that bonus is material compensation for laborers who create more labor than normal labor quota. According to Labor Contract Law According to the relevant provisions, bonus is part of wages, it is a worker's due treatment, and payment of performance bonus to laborers is the obligation of employers.

Bonus is the same as wages in other ways. Worker It is stipulated with the employer's labor contract or by the employer's relevant system. The payment method of enterprise bonus shall be formulated and implemented by the enterprise according to the actual situation of the entity, and the enterprise bonus shall be allocated according to the payment method of the enterprise bonus. If Ms. Yueh meets the bonus requirement of the unit, it is unreasonable for the unit to deduct her bonus only on the grounds that she has asked for 3 days' leave, and the unit shall pay her bonus according to the agreement.

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Li Min, a graduate of last year, was selling in a private enterprise. The company would impose the last elimination system on the bottom of the sale for two months, and the company would automatically dismiss the employee. This rule has always been like a big stone in Li Min's mind, for fear that it would be troublesome if he didn't lay the foundation well. However, Li Min need not worry now. Recently, the Anhui High Court has issued the "Anhui Provincial Higher People's court's Guiding Opinions on Several Issues concerning labor dispute cases", and has redefined some judicial interpretations in labor disputes. This means that the final elimination mechanism can not be regarded as a reason for enterprises to unilaterally expel employees.

Although Li Min did not enter the working unit very soon, he heard the old employee say that the company had indeed dismissed an employee because he had been the last in two months of performance. This legend has been heard from Li Min when he entered the company. So after entering the company, Li Min did not dare to neglect it for a day. Even if he was sick, he could not afford to take a vacation. Let alone his annual rest. "Overtime is even more common. My colleagues once counted that he only had less than a week's vacation in a year." Old staff is still so, where do we dare to neglect our new arrival? "

"The guiding opinions on Several Issues concerning labor dispute cases" are more clearly defined in the light of the reality of our province, and the judicial interpretation of labor disputes is more clearly defined. The court of the provincial court of higher learning, Jun Jun, said that sixth of them clearly pointed out that the employer's rules and regulations stipulate that the final performance of the performance appraisal is eliminated and that the labor contract is unilaterally relieved, and the people's court should still examine whether the laborers are competent for the work according to the second provisions of the fortieth labor contract law.

Labor dispute cases are closely related to people's livelihood, and now the types of disputes are increasingly complex, group disputes are increasing, and the application of laws is very difficult. In 2014, the high court of Anhui province extensively recruited the hot spots, difficult problems, and experiences and practices in the trial of labor dispute cases, sorting out and classifying them, and collate 82 opinions and suggestions on labor disputes.

After analyzing and argumentation one by one, we carried out discussions and deliberations on the relevant cases, and formed a survey report of 5 million words on labor dispute cases. Wen Zejun said that after the basic investigation, he decided to draft the draft guidance.

There are 31 Guiding Opinions on Several Issues concerning labour dispute cases, involving the confirmation of labor relations, the review of the rules and regulations of the employing units, overtime pay, double wages, economic compensation, compensation disputes, competition restrictions, labor dispatch, compensation for industrial injury insurance, and compensation for social tort disputes, and social insurance disputes.

These contents are mainly reflected in the understanding and use of some important provisions. Secondly, we further clarify the related issues of industrial injury insurance liability, and respond to the hot issues of social concern. For example, whether the employer can dissolve the labor contract unilaterally based on the final elimination of the performance appraisal of employees, the undertaking of industrial injury insurance liability in the legal relationship of labor dispatch, and the hot issues of social concern such as the treatment of workers and employers after the appointment of social workers who have waiver of social insurance, and so on.