Does the company have the right not to give the year end bonus to employees on leave?

According to the labor law, the year-end bonus should be given. However, the company has regulations that do not give year-end bonuses to employees who are injured on leave. It's still the boss who has the final say.

At present, most of the wages in private enterprises across the country are lower than the minimum standard wage set by the state, just because there are too many peasants, you don't do what others do. What is reasonable: whoever has the power and the rich is justified.

The issuance of year-end bonus and food allowance depends on the rules and regulations of your company, because these two are decided by the company itself, not mandatory by the state, such as the year-end bonus if the unit benefits are good, and it can not be issued, which is decided by the unit independently.

The regulations on work-related injury insurance stipulate that during the period of work-related injury suspension with pay, the original benefits shall remain unchanged. The company shall issue the year-end bonus in accordance with the regulations.

According to the relevant provisions of the Labor Law, the year-end bonus should be given to the person on leave for work-related injury.

If there is an agreement on the year-end bonus, the employer cannot refuse to pay the year-end bonus because of the work-related injury.

Article 33 of the Regulations on Work-related Injury Insurance Article 33 If an employee is injured in an accident or suffers from an occupational disease due to work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the unit to which he or she belongs on a monthly basis.

The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months. After the work-related injury is assessed, the original benefits shall be suspended and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.

If the injured employee still needs to be ** after the expiration of the period of suspension of work with pay, he or she shall continue to enjoy the medical treatment of work-related injury.

It depends on the company's regulations.

During the period of work-related injury, although the employee does not work, he is still eligible for the year-end bonus. Employees are entitled to wages and benefits in addition to overtime pay during the period of work-related injury and suspension.

Article 31 of the "Regulations on Work-related Injury Insurance" stipulates that if an employee is injured in an accident or suffers from an occupational disease due to work and needs to temporarily leave his or her job to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.

If the employee is at fault, the company may withhold the employee's year-end bonus in accordance with the rules and regulations formulated by the employee in accordance with the law or the provisions of the labor contract. The year-end bonus is not mandatory, and the company shall decide independently according to the characteristics and benefits of its production and operation in accordance with the law, but shall not deduct the employee's reward without reason.

1. Is the performance ruined salary a year-end bonus?

Performance-based pay is not a year-end bonus, and the specific differences are as follows:

1. The purpose is different, the purpose of performance pay is to restrict, and the purpose of bonus is to incentive;

2. The weight ratio is different, the weight of performance salary generally accounts for 20% to several times of the "basic salary", and the bonus is generally not limited by the weight ratio, depending on the performance or efficiency of the enterprise;

3. The composition of the key items is different, the performance salary is a regular item, and the bonus is an unconventional item;

4. The focus of the linkage is different, the performance salary is directly affected by the fluctuation of individual performance, and the bonus is mainly affected by the overall performance of the enterprise.

2. The conditions for the implementation of performance wages in Zheng Zheng are as follows:

1. The salary range is large enough, and the distance between the grades is widened;

2. The performance standards should be formulated scientifically and objectively; Performance measurement should be fair and effective, and the results should be linked to the wage structure;

3. There is a strong corporate culture to support the implementation and operation of the performance evaluation system, so that it can play the purpose of rewarding the advanced and restraining the backward;

4. Combine the performance evaluation process with the implementation process of organizational goals, and integrate the operation of the wage system into the production and operation system of the whole enterprise.

3. The distribution form of the year-end bonus is as follows:

2. Floating bonus, such as according to the results of individual annual performance evaluation and company performance;

3. Red envelopes, which are usually decided by the boss, have no fixed rules.

In short, there is a difference between performance pay and year-end bonus, and its purpose is different, and when implementing performance pay, it is necessary to combine the performance evaluation process with the implementation process of organizational goals, and integrate the operation of the wage system into the production and operation system of the entire enterprise. The standard for the issuance of year-end bonuses is based on the business owner.

Legal basis: Article 85 of the Labor Contract Law.

In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Summary. Regulations on Work-related Injury Insurance Article 33 If an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injury, the original salary and benefits shall remain unchanged during the period of suspension of work with pay, and the year-end bonus of work-related injury leave will be deducted.

Hello, dear, work-related injuries cannot be deducted from the year-end bonus.

Hello, will the year-end bonus be deducted for work-related injury leave?

What if it's deducted.

Normally distributed. That's illegal.

Illegal. Have you been detained?

Can I apply for labor arbitration?

I have worked in the unit for 17 years, there is no fixed-term contract, this year I was injured at work for four months, and part of the year-end bonus was deducted. If the employment contract clearly stipulates that the year-end bonus is part of the labor remuneration, or the employer stipulates that the year-end bonus is paid in the rules and regulations, then the employer cannot withhold the employee's year-end bonus without reason.

It is possible to apply for labor arbitration.

As long as there is evidence to prove it.

Probably how to compensate.

The deduction is due to work-related injuries.

How much money was deducted.

Is there evidence of deduction, can you compare the year-end bonus of personnel in the same position?

I deduct it, but I cannot.

Proof that you were deducted because of a work-related injury.

Have you ever asked the reason for the deduction.

What is the company response.

Article 33 If an employee is injured in an accident or suffers from an occupational disease and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall not be changed during the period of suspension of work with pay