Is It Lawful For Workers To Leave Early Without Paying Year-End Double Pay?

Lao Wang is a dispatched worker of a company. He has worked in the company for 10 years. After the contract expired last December 28th, the company decided not to renew the contract with them and the sending company.

According to the company's rules and regulations, in the past, twelfth months' salary was paid more than one month's salary per year as a year-end bonus to employees. However, employees who left the company before December 31st could not enjoy the year-end salary, so the company did not pay 5 salaries for Lao Wang.

But they did not accept that they were only 3 days short of 1 years, and the company did not renew their contract with them.

The year-end bonus is a management method of the employing units. The law does not stipulate that the employing units must issue them, and many units refuse to give them away.

Then, should we send year-end bonus to the departing employees?

According to the law, according to the provisions of the National Bureau of statistics on the composition of total wages, the total amount of wages refers to the direct payment to all employees of the unit in a certain period of time.

The total amount of which includes "bonus" includes production prizes and so on.

As far as the scope of the production award is concerned, according to the interpretation of some specific areas of the provisions on the composition of total wages, it mainly includes overproduction awards, quality awards and year-end awards (labor dividends).

It can be seen that the bonus is part of the total wage, and the year-end bonus is a bonus. Therefore, the year-end bonus can be recognized as part of the salary.

According to

According to the forty-sixth provision, wage distribution should follow the principle of distribution according to work, equal pay for equal work, and year-end bonus belongs to labor remuneration. Therefore, the principle of equal pay for equal work should be followed.

So long as

Or the rules and regulations clearly specify the year-end bonus of the workers, and the workers have actually paid the labor, so they have the right to get the year-end bonus. If the workers did not work for the full year, they should be offset according to the actual working months.

From the legal attribute of year-end awards, year-end awards belong to the category of labor law.

The employer has the right to decide whether the year-end bonus is issued or not, and how to issue it. It also has the right to decide the specific standard, scope and method of the year-end bonus distribution.

Therefore, if the employer explicitly stipulates that the year-end bonus belongs to the company's special welfare in the rules and regulations or the labor contract, and stipulates that the employee should not enjoy the year-end bonus, the company should not pay the year-end bonus of the employee.

Specifically, in this case, the company has clearly stipulated that employees who left the company before December 31st could not enjoy the year-end double pay, so it would be lawful for the company not to pay 5 months' salary of thirteenth months.