Can The Annual Performance Award Be Reclaimed By The Workers?

In the enterprise rules and regulations and the staff's labor contract, it stipulates that 20% of the monthly wages of each employee shall be deducted as a performance award every month, and the employees can fulfill their tasks in a quality and quantity manner at the end of the year.

If employees enter the winning ranks, they will be doubled.

If employees do not complete their tasks, they should be deducted according to their respective proportions.

"The company's practice is to use staff's money for employees themselves.

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My company's rice bowl is naturally governed by the company, and even if there is an opinion on this provision, it must be followed. "

Wang Yutong said she made outstanding achievements in 2016 and was awarded the company's winner, earning 28800 yuan performance award.

However, when she went to the corporate finance office to receive funds, she was told that her workmate Huang had taken the money away.

When asked, Huang claimed that Wang Yutong had asked for leave from the company because of an urgent matter. Wang Yu Tong commissioned Huang to help him collect money when he left.

The financial officer looked at Huang's forged letter of attorney and did it without any verification.

Wang Yutong was unable to ask him to ask for the company's redistribution because he fled quickly after he had claimed the prize.

But the company boss thinks: "this is caused by financial personnel, and can only be borne by financial personnel."

The accountants and cashiers of the finance department shirk their responsibilities and refuse to redistribute bonuses for Wang Yutong.

Wang Yutong has to consult with us about this matter. Who should she ask for the money? Can she ask the company to redistribute it to her?

By consulting the relevant judges and lawyers, the consistent conclusion is that Wang Yutong has the right to ask the unit to redistribute the bonus.

The reasons are:

On the one hand, financial personnel violated their obligations.

The fourth provision on the composition of total wages stipulates: "the total amount of wages consists of six parts: (1) time wages; (two) piece rate wages; (three) bonuses; (four) allowances and allowances; (five) overtime pay; (six) wages paid under special circumstances."

In view of the fact that Wang Yutong's performance award belongs to the nature of salary plus bonus,

It should be handled according to the relevant provisions of wages.

The sixth section of the Interim Provisions on wage payment states: "employers should pay wages to the workers themselves.

If a worker is unable to receive wages for any reason, he or she may be appointed by his relatives or entrusted by others.

The company's financial staff in Huang is not Wang Yutong's relatives, Wang Yutong also did not entrust Hwang to receive the case, Wang Yutong's performance award to Hwang, obviously contrary to the provisions of this law.

For the purpose of this case, even if Huang holds a forged power of attorney, the company's financial personnel should carry out the necessary verification, instead of presuming the facts of the delegation subjectively and presumed by one side of the words, and let the damage to Wang Yutong be allowed to flow.

On the other hand, the company must pay for the damage caused by the financial personnel, but not the responsibility of the financial staff.

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"The forty-third provision states:" an enterprise legal person shall bear civil liability for its legal representative and other personnel's business activities. "

The fifty-eighth article of the Supreme People's Court on Several Issues concerning the implementation of the general principles of civil law (Trial Implementation) also states: "the legal representative of an enterprise legal person and other staff members, who engage in business activities in the name of a legal person, cause economic losses to others, and the enterprise legal person shall bear civil liability."

The thirty-fourth article of the tort liability law also stipulates that "the employer's liability for tort is due to the damage done by the staff of the employing unit due to the execution of its work tasks."

It is precisely because the financial staff pay wages is part of the company's entire business activities, is a representative of the company, and is consistent with the constitutive requirements of the duties, which determines that the company must redistribute bonus to Wang Yutong, in order to avoid the loss of Wang Yu Tong.

As for how to get compensation after the company pays this bonus, it depends on how much the public security organ can recover after Hwang's arrest.

However, Hwang's compensation is not related to Wang Yutong's normal payment of the bonus. The company should not link it to Wang Yutong's bonus payment.

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