Annual Bonus Enterprises Can Be Independent But Not Optional.
The year-end bonus is a red envelope for employees at the end of the year. It is also a very important part of most workers' annual income.
But whether it should be issued or not, when and when it should be issued, is often a "stupid account".
The staff of the "reporter attack" column, which disputed the reasons for dismissal with the enterprises, is also a big demand for year-end awards.
Under normal circumstances,
Annual bonus
There are two types of payment: the employer and the worker have not written a written agreement on the year-end bonus. Then, when the employer decides whether to issue or not, the employer should make the year-end bonus according to the two conditions stipulated in the contract.
In the latter case, the judgment and handling of disputes are relatively simple, so long as they are operated according to the contract, otherwise they will be dealt with by default.
The first case is controversial because it is not agreed in advance, but it is the most common one in real life.
For example, many units adopt a "stuffy bag" approach to the year-end bonus. They do not disclose how much they want to give to them. For example, the year-end bonus varies from person to person, and the number of employees who like it is much more than what they like.
Although the year-end award is not a legal obligation of the employer,
Employing unit
On the basis of considering annual benefits and annual performance of employees, we can decide whether to issue or not, and design the corresponding specific payment plan. But if the employer decides to issue year-end bonus and make a payment plan, the employer can no longer be "capricious".
According to the
wages
The fourth provision of total composition stipulates that the total amount of wages includes bonuses.
The second section of the interpretation of certain specific provisions on the composition of total wages clearly stipulates that the year-end bonus belongs to the scope of bonus.
In other words, year-end bonus also belongs to the wage category. Since it is part of the wage, according to the forty-sixth provision of the labor law, wage distribution should follow the principle of distribution according to work and equal pay for equal work. Therefore, it can be seen that the number of awards at the end of the year can be determined by the enterprise, but it must follow certain rules to achieve fairness and impartiality.
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