China's Labor LawThere is no clear regulation on the year-end bonus system, and there are great differences in the practice of year-end bonus. The rules established in Guiding Case No. 183 are a major advance in the payment of year-end bonuses for resigned employees in judicial practice. This article takes this case as a starting point to discuss the issue of year-end bonuses for resigned employees that are of concern to young workers.
案例一
（指导案例183号）
2011年1月，房某与某保险公司建立劳动关系。 On December 29, 2017, due to the adjustment of the organizational structure and the abolishment of the strategic planning department, the company unilaterally terminated the contract with Fang on the grounds that there were major changes in the objective situation and the two parties failed to reach an agreement on changing the labor contract labor relations. Fang then filed a labor arbitration with the Shanghai Huangpu District Labor and Personnel Dispute Arbitration Commission, demanding that the company continue to perform the labor contract and pay him the 2017 year-end bonus.
The company stated that the bonus will generally be paid around March of the following year, and the company's "Employee Handbook" (which has been signed and confirmed by Mr. Fang) clearly stipulates that if the employee resigns on or before the bonus payment month, he cannot enjoy the year-end bonus. Fang Mou had resigned before the year-end bonus was issued, so he should not be entitled to the year-end bonus.
The court of second instance held that Fang did not resign voluntarily or was dismissed due to negligence, but because the company adjusted its organizational structure, Fang’s labor contract was terminated. Secondly, Fang’s resignation date was December 29, and December 30 and 31 were weekends, indicating that he had worked in the company for a full year in 2017. Finally, in the absence of evidence to the contrary by the company, the court of second instance presumed that Fang had completed his annual work tasks and was eligible for the year-end bonus. Based on the above reasons, the court of second instance finally found that the company’s claim that Fang should not enjoy the bonus on the grounds that Fang had resigned before the year-end bonus was issued was unreasonable, thus supporting Fang’s claim for the 2017 year-end bonus.
Case 2
Zhao joined a bank on February 12, 2014 as a customer manager. The two parties signed a labor contract. On November 30, 2020, Zhao submitted a resignation application to a bank for personal reasons. On December 11, 2020, a bank issued an employee resignation notice, which stated: "The existing employees of our department/sub-branch submitted the " Resignation Report ", and after interviews and negotiations with them, they still insist on resigning. The relevant information is now reported as follows : The name of the employee is Zhao...the reason for resignation is personal reasons...". During the trial of the first instance, both parties confirmed that the labor relationship will be terminated on January 8, 2021. Regarding the situation of the year-end bonus in 2020, a bank believes that Zhao has resigned and other behaviors, which does not meet the conditions for the year-end bonus.
The court held that, referring to the amount of performance bonuses in 2018 and 2019, the time of payment, and the distribution ratio, it is not inappropriate for Zhao to claim that the amount of performance bonus that a certain bank should pay in 2020 is 100,000 yuan. Second, whether a bank should pay. Performance bonuses are an integral part of labor remuneration. To not grant performance bonuses for previous labor on the grounds of resignation is not in line with the principle of fairness and is contrary to legal regulations.
律师解析
“发放前离职不享有年终奖”是一种常见的限制年终奖给付的规则。 In previous practice, most courts held that the year-endThe issuance of bonuses belongs to the category independently determined by the employer, as long as the employer's system has clear regulations on the distribution of resignation bonuses, and such systems have been democratically publicized in accordance with the law, they should be effective. For example, in the (2019) Jing 02 Min Zhong No. 6043 case, the court held that an employee resigned for personal reasons even though he clearly knew that resignation would have an adverse effect on the issuance of year-end bonuses, which did not meet the conditions for the issuance of year-end bonuses.
However, Guiding Case No. 183 (Case 1) has formed a clear rule, that is, the year-end bonus distribution rules specified by the employer should follow the principle of fairness and reasonableness, and no year-end bonus will be given to employees who have resigned before the year-end bonus is issued. A negative judgment was made. Case 1 clarifies that if the employee resigns involuntarily, has completed the current year's work when resigning, and the company has no evidence to prove that the employee's performance/performance is poor, the employer should pay the employee a year-end bonus. Case 2 goes a step further on the basis of Case 1, clearly stating that when an employee resigns voluntarily, the employer only refuses to pay the year-end bonus on the grounds that the employee is not on the job when the bonus is paid, which is not in compliance with the law.
In addition to judicial practice, the previous "Shenzhen Employee Salary Payment Regulations" Article 14, paragraph 2, stipulates that "when the labor relationship is terminated or terminated, the payment cycle of the employee's monthly bonus, quarterly bonus, and year-end bonus has not expired. Wages are calculated and paid according to the actual working hours of employees.” Therefore, in the Shenzhen area, even if an employee resigns voluntarily or due to his own fault, the court may hold that the rules for the distribution of resignation bonuses do not apply and the employee is entitled to the year-end bonus.
In the past, as long as the company clearly stipulated that "the resignation before the payment is not entitled to the year-end bonus", if there is no procedural problem in the company's rules and regulations, it will have a corresponding binding force; Sexual review, to essentially judge whether the year-end bonus distribution rules are fair and reasonable, and whether employees can get the year-end bonus no longer let the company do whatever it wants.
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