When an employee leaves the company, the company requires to return the bonus of outstanding employees _ Comprehensive Guidance

When an employee leaves the company, the company requires to return the bonus of outstanding employees _ Comprehensive Guidance

Ray Xiao Bin, the defender of order, resigned. When going through the resignation formalities, I was told to refund the bonus of outstanding employees in 2009 1200 yuan.

LeiXiaoBin a little unconvinced. Yesterday, he called our hotline for help: last year's annual Excellence Award represented last year's work. Why do you want to resign this year?

Resigned employees:

Last year, I was rated as excellent. Why do I have to refund my bonus when I resign this year?

"The outstanding employee bonus in 2009 represents last year's work. Why did I quit my job on 20 10 and return the money to the company? "

Lei came to work in Chengdu Jiehua Property Management Co., Ltd. two years ago. Before resigning, I worked as an order maintainer in a community in Pixian County, belonging to the project department under the company. He said that at the end of last year, the company selected outstanding employees in 2009, and colleagues in the project department voted to select nine employees to recommend to the company. In the end, five employees of his project department were elected, including him. On June 5438+ 10 this year, an award ceremony was held near the head office, and he happily received the honorary certificate and the 1200 yuan prize.

Unexpectedly, the day before yesterday, when he went to the project department to go through the resignation formalities, he was told that he needed to return the 2009 excellent employee bonus 1200 yuan, because the company had regulations on this. If this is settled, he will pay the company 699 yuan. On the "Handover Form of Employee Resignation Salary Settlement" provided by him, the reporter saw that when the attendance salary and clothing deposit in April were added up, his salary payable was 784 yuan. However, in the deduction, in addition to deducting social security and canteen expenses, it was also written "Return of excellent employees: 1200", and the total deduction was 1483 yuan, so he returned 699 yuan to the company.

This is what ray can't figure out. He said that at that time, the staff of the project department told him that this was the company's regulation. Yesterday, he went to the company to go through the corresponding formalities and mentioned that his wife left her job because of kidney disease. Can you consider not deducting the bonus? The director of the project department and the captain of the order maintenance team quickly called him and asked him to go to the project department to handle it, and said that he could pay for him. "I have to go fair and square, and I don't want people from the project department to help me out with this money." He said he deserved the bonus and he didn't want to owe anyone for it.

Company manager:

The system can't be broken, only individuals can pay for help.

At 3 o'clock yesterday afternoon, Lei went to the company again to deal with this matter. Just out of the company, I met the long-awaited captain of the order maintenance team of the project department. The other party expressed the hope to resolve the matter through consultation with Lei.

In the company office, manager Huang of the administrative personnel department said that this is indeed a company regulation, not for Lei alone, but all the time. He said that before the selection of outstanding employees and at the end of March, when Lei first proposed to leave, he made it clear that if outstanding employees left within one year, they needed to return the bonus. Ray didn't object at that time. But in this regard, Lei said that he did not know and did not sign such an agreement.

Manager Huang introduced that due to the high mobility of personnel in the property management company, in order to manage and motivate talents, the company has made such a provision, in addition to leaving the company, there is also training. "If the company sends you to training to help employees improve and serve the company better, and you leave your job two days after the end, then the company has made an uneconomical transaction." He said that just like the selection of excellent employees, it is very important to be loyal to the company, and this selection is not only an affirmation of past work, but also an incentive for future work. The selected employees certainly hope to serve the company better and longer. Company regulations are one thing. Moreover, Lei worked in other companies for some time after leaving his post on March 20th, and it was not until yesterday that the company learned that his wife was diagnosed with kidney disease in early April. The company has a special employee relief fund to express condolences to such employees.

Regarding the handling of this matter, Manager Huang said: "The company's system must be implemented and cannot be changed because of the requirements of employees, otherwise it will be unfair to other employees; According to his personal situation, as a colleague, I or the staff of the project department will personally pay for help. "

The lawyer said:

The company has no right to ask for deduction or refund of bonus.

Guo Gang, Sichuan Henghexin Law Firm: Bonus is part of salary, and he has no right to ask for refund or deduction when he resigns. According to the provisions of the Labor Contract Law, the company must agree with employees on liquidated damages, and only the non-competition liquidated damages and the training liquidated damages are legal.

In this case, the bonus of outstanding employees in 2009 is an affirmation of their work last year. We can't deny each other's past just because they are leaving now, and the company has no right to ask them to deduct or refund this money. The two sides can negotiate to deal with this matter. If negotiation fails, it may request the local labor administrative department to coordinate. If it still fails, they can apply to the local labor dispute arbitration committee for labor dispute arbitration.

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