What do you know about year-end awards?

The employee and the company clearly agreed on the amount of the year-end bonus in the labor contract or salary confirmation form, but did not agree on the conditions for issuing the year-end bonus.

Wage-based year-end bonus is a part of labor remuneration. Employees only need to prove that both parties have an agreement on the year-end bonus and can ask the company to pay it in full and on time.

laws and regulations

Labor Contract Law

Article 31 The employing unit shall strictly implement the labor quota standards, and shall not force laborers to work overtime or in disguised form. Where the employing unit arranges overtime work, it shall pay overtime wages to the workers in accordance with the relevant provisions of the state.

The salary composition of the case includes the year-end bonus, and the resignation has to be given.

Kobayashi is a technician of an internet company, and the two sides signed a two-year labor contract. According to the salary composition agreed by both parties in the Employment Notice, the Labor Contract and the Salary Confirmation Form, Xiaolin's annual salary (before tax) is 350,000 yuan, of which the monthly salary (before tax) is 25,000 yuan, which shall be settled according to the natural month, and shall be transferred to pay the salary of the previous natural month before/kloc-0.5 of each month; The year-end bonus is RMB 50,000.00 Yuan, which is settled according to the natural year and paid by transfer before June+10, 65438 and May of the following year.

On 20 15, 12 and 3 1, when the labor contracts of both parties expired, Kobayashi no longer renewed the labor contract with the Internet company and "jumped ship" to work in another company. In this case, the network company refused to pay Kobayashi's year-end bonus of 50 thousand yuan for 20 15 years on the grounds of "job-hopping" Kobayashi filed a labor dispute arbitration and lawsuit, demanding that the online company pay a year-end award of 50,000 yuan, which was finally supported by the court.

Performance appraisal year-end award

In the labor contract, performance appraisal scheme or task responsibility letter, the employee and the company have agreed that the employee will enjoy the year-end bonus, but it is also agreed that the amount of the year-end bonus is determined by factors such as "performance" and "performance appraisal results".

Performance appraisal year-end award, employees should not only prove that they have agreed with the company on the year-end award, but also prove that they meet the conditions of the year-end award; The court will comprehensively review the evidence submitted by employees and companies to determine whether employees can get the year-end bonus or the amount they should get.

The case 1 company proves unfavorable, and the year-end bonus will be paid according to the contract.

Ms Liu is a salesperson of a cosmetics company. According to the labor contract, Ms. Liu's monthly salary consists of a basic salary of 2,000 yuan and a commission. The two parties also agreed on a year-end bonus of 1 000 yuan, and the specific amount of the year-end bonus was calculated according to the company's current profit and Ms. Liu's personal sales performance. At the end of 20 15, the cosmetics sales company refused to pay Ms. Liu a year-end bonus of 10000 yuan on the grounds that the company's performance was poor and Ms. Liu did not complete the sales task. Ms. Liu objected to this and filed labor arbitration and litigation.

During the trial, the cosmetics company failed to provide evidence to prove the profitability of the company, nor did it provide evidence to prove the number of Ms. Liu's personal sales tasks and the completion of Ms. Liu's sales performance. On the other hand, Ms. Liu provided a number of sales contracts showing the legal person's signature and the company's seal, as well as bank details including commission salary as evidence to prove that she completed the sales performance in 20 15. Considering the evidence provided by both parties, the court finally ruled that the cosmetics sales company should pay Ms. Liu a year-end bonus of 20 15 10000 yuan on the grounds that the cosmetics sales company failed to prove that "poor performance" should bear the unfavorable responsibility of false proof.

In case 2, if the task is not completed, the year-end bonus will be cashed as agreed.

Mr. Zhao is a salesman in an advertising company. According to the labor contract, Mr. Zhao's monthly salary consists of basic salary and commission. The two parties also agreed that Mr. Zhao Can will enjoy the year-end bonus, and the specific amount of the year-end bonus will be accounted according to the completion of the annual sales task book of both parties. At the beginning of 2065438+2005, Mr. Zhao signed an annual sales task book with the advertising company, claiming the number of sales tasks in that year, and both parties determined the year-end bonus accounting base (50,000 yuan) corresponding to Mr. Zhao in that year according to the number of sales tasks.

At the end of 20 15, Mr. Zhao only completed 30% of the annual sales task. In this case, the advertising company calculated and paid a year-end bonus of 20 15 of RMB15 according to the annual sales task book. Since then, Mr. Zhao filed an arbitration and lawsuit on the grounds that the advertising company did not pay the year-end bonus in full, and asked the advertising company to make up the difference of the year-end bonus with 50,000 yuan as the standard. However, after arbitration and litigation, Mr. Zhao's claim was not supported by the court.

Material reward year-end award

Employees and the company have never agreed on the conditions and standards of year-end awards before, so the year-end awards issued by the company are not wages or performance appraisal wages, but material rewards. Whether there are material rewards, payment conditions, payment standards, etc. At the discretion of the company. At the same time, material rewards are not part of wages, so "equal pay for equal work" is not applicable.

Case 1 One-time bonus ≠ Year-end bonus, whether it is distributed or not is decided by the enterprise.

Xiao Gan is a staff member of the planning department of a cultural company, and the two sides signed a three-year labor contract. In 20 13, the cultural company issued a year-end bonus of 1 10,000 yuan to Xiao Gan. In 20 14 and 20 15, the cultural company did not distribute the year-end bonus to Xiaoqian. After the labor contract between the two parties expired on February 3, 20 15, Xiao Gan filed labor arbitration and litigation, demanding that the cultural company pay the year-end bonus of 20,000 yuan for 20 14 and 20 15 years based on the year-end bonus of 20 13.

During the trial, the cultural company said that the two sides did not agree on the year-end bonus, and the company achieved good benefits in 20 13. In order to boost morale, the year-end bonus of 654.38 million yuan was awarded to the employees of the planning department by the decision of the shareholders' meeting, which was not an institutional bonus, but only a one-time reward. In 20 14 and 20 15 years, the company's benefits were average, and no bonuses were paid to employees. Upon inquiry, Xiao Gan confirmed that in 20 13, only employees in the planning department enjoyed the year-end bonus of 10000 yuan, while employees in other departments did not. Finally, after trial, because Xiao Gan failed to prove that there was a clear agreement between the two parties on the year-end award, the court rejected Xiao Gan's claim that the advertising company should pay 20,000 yuan for the year-end award of 20 14 and 20 15.

Case 2 Employee Appraisal Award ≠ Year-end Award is decided by the enterprise.

Sun Xiao is a customer service staff of a property management company. In 20 15, the property management company issued "year-end bonus" to the customer service staff, including one "3,000 yuan shopping card" and the other "/kloc-0,000 yuan shopping card". Sun Xiao only got one "500 yuan shopping card". Sun Xiao believes that the same customer service staff and the same workers in the company get different remuneration and different treatment. Accordingly, Sun Xiao filed arbitration and litigation, demanding that the property company pay the year-end bonus difference of 2,500 yuan.

During the trial, the property management company said that the customer service department had six staff members. After visiting some owners, the company evaluated five-star excellent employees 1 person, 2 excellent employees and 3 competent employees, and gave them RMB 3,000, 1 10,000 yuan and 500 yuan shopping card as rewards respectively. Reward is the company's incentive to employees. Sun Xiao was awarded the "Award of the Year". After trial, Sun Xiao failed to prove that the company had an agreement with it on the year-end award, and also recognized the company's selection of "five-star outstanding employees". In the end, the court accepted the lawsuit of the property company, and rejected Sun Xiao's lawsuit on the grounds that the difference of 2500 yuan year-end bonus demanded by Sun Xiao lacked factual and legal basis.

From the above cases, we can understand that if employees want to protect the rights and interests of the "year-end bonus", they must first distinguish what kind of "year-end bonus" you enjoy. Third, material rewards and year-end awards are completely different. If you want to get more material returns, it is not feasible to protect your rights through law, or you must rely on your own efforts.