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Watch out for these tricks at the end of the year: turning your due salary into a year-end bonus

来源:工人日报 记者于灵歌 January 9, 2020 06:53 Source: Workers Daily reporter Yu Lingge

Withholding part of the monthly salary for end-of-year benefits, discounting the backlog of products to employees, and using the "Annual Meeting Draw" as the year-end award ...

[At the end of the year, these legal issues are worth paying attention to] ②] @ 上班族 Beware of the end of the year award distribution "fantastic"

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In practice, it is not uncommon for controversy to arise from the distribution of year-end awards. The law does not mandate that companies must pay employees year-end awards, and companies can decide whether to award them or not.

However, if the year-end award is clearly stipulated in the company's regulations or labor contract, it should be awarded in accordance with its regulations or agreements. In the absence of a clear agreement between the two parties, the original intention of the bonus payment and the nature of the bonus should be comprehensively judged.

As the year approaches, the distribution of year-end awards has become a topic of concern to employees. Sun Wen (pseudonym), who works for a Shanghai-based technology company, is a bit anxious.

"I am worried that the" year-end award "will be paid, after all, it is 20% of my salary." Sun Wen told the Worker Daily that when he joined the company last year, the contract clearly stipulated that 20% of the employee's monthly salary would not be paid monthly , But given to individuals as a "year-end award."

It is understood that the current law does not include relevant provisions for year-end awards. Whether companies issue year-end awards to employees and the number of year-end awards is small and frequent, belongs to the autonomy of enterprise employment. However, if the year-end award is clearly stipulated in the company's regulations or labor contract, the year-end award should be issued to employees in accordance with its regulations or contract.

In practice, around the issue of year-end awards, there are many cases of disputes between employees and employees due to "playing tricks".

Trick 1 Wages turned into year-end rewards

Sun Wen said that his usual salary is composed of 40% of the basic salary and 40% of the monthly performance. 20% of the monthly salary is not deducted, but is summed up to the end of the year and multiplied by the performance coefficient to be regarded as the "year-end award".

"This part of the salary participates in performance assessment. If the department's assessment fails, the 20% may be dissatisfied." Although Sun Wen, who had a good assessment last year, won the year-end award, he was worried that if he left the job midway, he would not get the sum money.

In response, He Ling, a lawyer at Fujian Xiaxin Law Firm, stated that Article 7 of the Interim Provisions on Wage Payment stipulates that wages must be paid on a date agreed between the employer and the worker, at least once a month. If it is stipulated in the labor contract that wages are to be paid on a monthly basis, and the wage composition includes basic wages, performance bonuses, overtime wages, etc., the enterprise shall pay the employees' "performance wages" in full in a month, without detaining 20% as a year-end bonus, let alone Based on the results of the re-evaluation, the final payment of the 20% deduction of the performance salary will be decided, otherwise, it will be a case that the labor compensation is not paid in full and on time.

During the interview, some employees told the Worker Daily reporter that their company likes to use the "13 salary" method to reward employees, and will pay an extra month's basic salary at the end of each year. However, many employees said that they did not know the difference between the "13 salary" and the year-end award.

According to He Ling, 13 salary is not equal to the year-end award. "Under normal circumstances, the 13 salary is the double salary at the end of the year. It is a fixed labor compensation. As long as the company and employees have this agreement, at the end of each year, regardless of the company's operating conditions and employee performance, the company should pay employees an additional month's salary. . "

It is understood that the law does not mandate that companies must pay employees year-end awards. Generally, enterprises usually decide whether or not to issue, how much, and when to pay based on their own economic benefits and employee performance assessments. It has uncertainty and mobility.

Fantasia 2 Replace the payment with the company's own products

Ms. Zhao, who worked at a private company in Hefei, had a poor performance last year. When the year-end award was issued, the company issued an air purifier to everyone.

Ms. Zhao said that when she joined the company that year, she learned that the employee's year-end bonus was written in the labor contract. "Now the company converts bonuses into machines, which is disappointing."

In 2017, a well-known home appliance company in the year-end award redemption, in addition to the bonus also issued the company's own product brand mobile phone, which was used to question the company's operating efficiency.

Replacing the year-end award with your own product may also become a compulsory disguise. According to media reports, at the beginning of 2015, a shoe company in Luojiang, Quanzhou, required employees to buy shoes produced by the company, and deducted shoes directly from year-end bonuses issued years ago.

Miss Wu, who works at the company, reports that the company requires employees to choose only shoe sizes, not styles. “Shoes are B products that customers do n’t want, and the quality may also be different.” Ms. Wu said, all the way from the manager to the employees of the workshop. How about the money for shoes?

The person in charge of the company claimed that selling the company's backlog of shoes to employees at a low discount is also part of the year-end awards, and the company's year-end awards have increased compared to previous years.

Some lawyers pointed out that if the company shoes are distributed as free benefits to employees, there is no problem; but if they are to be purchased and deducted from the year-end award, it is a compulsory disguise.

"The year-end bonus is a bonus part of the total wages. According to Article 5 of the" Interim Provisions on Wage Payments ", wages shall be paid in legal currency and shall not be replaced by physical and securities." He Ling said.

Trick 3 Take more, take less, don't look at performance, look at luck

In addition to the year-end award, another lively part of the staff's expectations at the end of the year is the company's annual meeting. Because in reality, juvenile society will become the channel for some companies to issue year-end awards, and some companies even equate "annual meeting lottery" with year-end awards.

"The company will have a lottery in the year, and the prizes drawn are 'year-end awards." Song Jiao, who works for a media company in Beijing, said, "I usually have a good performance, but at the end of the year I only got a sports bracelet, and I usually do not work. People who work hard won the grand prize instead. It feels unfair. "

So, is it necessary to stipulate "hard indicators" such as the conditions for awarding year-end awards in the labor contract?

Some experts reminded that when the employer and the employee agreed on the bonus, the two parties should fully negotiate the conditions, obligations and exemption of bonus payment. In the absence of a clear agreement between the two parties, the original intention of the bonus payment and the nature of the bonus should be comprehensively judged.

There is also a common situation in practice: leaving before the end of the year awards, whether to get the year end awards provoke disputes.

In March 2013, Fu Mou joined a company in Guangzhou, and the company terminated his labor contract with Fu Mou on January 19, 2017. On January 20, 2017, the company issued 2016 “On-the-job Incentives” to employees, but did not issue on-the-job Incentives to Fumou. In the end, the company decided to pay Fu Mo an on-the-job incentive.

The judge explained that in this case, the termination of the contract and the incentive payment were only one day away. The "in-service incentive payment" was actually a year-end bonus. If the year-end award is a labor remuneration, the worker requests payment and should be supported. If the employee's assessment year corresponding to the year-end award is less than one year, the employer should also pay the year-end bonus according to the proportion of the actual working hours of the workers in the year.

"When an enterprise awards a year-end award, it must first clearly agree on the rules for the award of the year-end award, take into account fairness and reasonableness, and inform employees through democratic procedures to give full play to the company's business autonomy and motivate employees." He Ling reminded, "Second attention must be paid to Fulfilling the agreed year-end award in good faith will not infringe on the legitimate rights and interests of employees; in addition, it is necessary to interpret the relevant preferential policies and prevent employees from falling into the 'traps' where they are issued too much. "

(Responsible editor: Shan Xiaobing)

Watch out for these tricks at the end of the year: turning your due salary into a year-end bonus

来源:工人日报 2020-01-09 06:53 Source: Workers Daily
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