Can The Employee Be Awarded The Year-End Bonus?

The laws and regulations do not specify the year-end bonus for the employer. The year-end bonus is the year-end reward given by the enterprise to the employees. It belongs to the category of the enterprise's independent management. The company can consider whether it is paid and how to distribute it according to its own situation.

However, the employer can not violate the labor laws and regulations in the process of issuing year-end awards.

It is good for someone else's boss to take the initiative to honor the year-end bonus many years ago, but is it legitimate for some units to stipulate that the employees who leave their employees do not send year-end awards?

First, there are agreed conventions.

If there is a certain amount of year-end award in the labor contract, the unit should be issued on time and in full.

Some employers and workers agree to pay the year-end bonus according to the performance of their employees, that is, year-end awards are strictly distributed according to the performance appraisal results. Even if they are leaving or new employees in the middle of the year, as long as they meet the prescribed conditions, they should get the bonus that he deserves. If the enterprises can not say that you are not in the unit, then I will not give any assessment, which is unreasonable.

Because this year-end bonus has become an integral part of the wages of workers, although the amount can not be accurately determined, but the nature of wages determines that this is already a kind of expectant interest of workers, and no longer belongs to the unilateral decision of enterprises.

Secondly, there is no agreement, but the unit has prescribed requirements.

If the employee's labor contract clearly stipulates that there is only a monthly salary, there is no agreement on the year-end bonus and no agreement is given for the year-end bonus according to the work performance. Can employees get the year-end bonus? This depends on how the rules and regulations formulated by the unit according to law are stipulated.

However, there are two problems in formulating the rules and regulations of the unit. First, the rules and regulations formulated by the unit can not violate the law, and two is to be formulated through democratic procedures, and shall be publicized or informed to employees.

If the company rules and regulations clearly stipulate before the end of the year

Employees can not enjoy year-end awards. This year-end award is actually part of the on-the-job incentive system, that is, the unit rules and regulations, which motivates employees on the job.

Compared with performance appraisal, on-the-job incentive system reflects the intention of enterprises to retain talents.

If employees can no longer contribute to enterprises for various reasons, then enterprises need not be encouraged.

But from

From the point of view, if the employee worked hard for nearly a year, but did not get the year-end bonus, it would have a negative impact on the enthusiasm of the work.

Therefore, units should be established.

The year-end bonus assessment system, which is reasonable and can motivate the healthy competition of the staff, gives the employees who have contributed to get their deserved rewards.

Third, there is no agreement or no provision, and shall be dealt with according to the principle of fairness and rationality.

If the worker's labor contract and unit rules do not provide for the year-end bonus, can employees get the year-end bonus? This will be controversial.

Generally speaking, if the employee can fully prove that the employer has issued the year-end bonus convention, and when the annual unit gives the year-end bonus to other employees, etc., according to the principle of equal pay for equal work and fair and reasonable, the labor dispute arbitration institution or the court may support the employee to get his own labor income.

However, it is also possible that the unit does not recognize the year-end bonus, but is the sum of other subjects, so the year-end bonus of the staff is rather hung.