Disputes Arising From Accounting And Issuing "Year-End Bonus" Of Employers

Staff and workers, especially those in the financial sector, share returns.

Confusion with the concept of the three year award.

To distinguish the difference between the three, we should first define the definition of year-end award: year-end bonus belongs to the nature of bonus, and it is a means to motivate employees by employing units.

Some lawyers believe that through the year-end bonus and the daily income of the amount of comparative analysis, you can further determine the nature of year-end awards.

If the employee's daily income is far below the general industry standard, the year-end bonus should not be distinguished from the daily wage special treatment.

When confronted with a case involving the cross between the employer's equity and the year-end bonus, some lawyers pointed out that most of the cases are divided into two categories: one is to determine the specific amount of the year-end bonus according to the stock price of the current employer, and the other is to obtain an additional stock of the employer.

For the former, it is generally believed that the nature of the year-end bonus has not been changed, and it should still be carried out in accordance with the relevant provisions of the labor law, and the disputes arising therefrom are usually dealt with according to the labor dispute.

The latter, in practice, involves such factors as numerous factors and strong professional nature.

The case was handled separately.

Lawyers said they had encountered cases of labor disputes arising from inconsistent "year-end bonus rules" before and after work.

In this regard, lawyers are biased in the labor contract agreement and rules and regulations of the provisions of the conflict, workers can apply for their own more favorable agreement, if the labor contract is more beneficial to workers, workers can choose to apply for the terms of the labor contract, employers can not change the form of rules and regulations in the form of the relevant provisions of the year-end bonus in the labor contract.

At the same time, in the discussion, a lawyer pointed out that in reality, many labor contracts will arrange year-end awards in accordance with company rules and regulations. In this case, it is necessary to make a comparative analysis of the company's rules and regulations and the rules and regulations when disputes arise, so as to determine the final applicable text.

The "year-end award" is literally.

The bonus should be based on its definition, sum up the work of the employee for a year, make some commendation for his work performance; and the lawyer feel that the year-end bonus is usually issued at the end of the year, but in reality, more and more employers also value the comprehensive incentive value of the year-end award, that is, the year-end bonus not only represents the evaluation of employees' work performance in the past year, but also includes the incentive and expectation for the employees' future work status, which determines that the year-end bonus treatment should be different from the general labor remuneration.

Some lawyers believe that the year-end award rules, which are related to the vital interests of laborers, should be implemented in accordance with the relevant procedures of the labor contract law, that is, "put forward proposals and opinions through the discussion of the staff congress or all the staff and workers, make an equal consultation with the trade Union or staff representatives," and make "publicity or inform workers", otherwise the year-end bonus rules will be defective in procedure.

Some lawyers also pointed out that in reality, some censorship departments will focus on the "notification procedure", that is, as long as the workers sign the bonus rules, the bonus rules can also be used as the basis for adjudication.