I want to leave my job at the end of the year, salary, year end bonus

From your account, we can see that the security company has violated the law, that is, he should have paid you insurance when you joined the company, and he only paid the insurance in July this year, and the company has violated the law. Therefore, if you propose to terminate the contract, you can also ask the company to pay severance payments.

You can leave your job after the year-end bonus has been paid, so that you can get both the bonus and the financial compensation.

You get your year-end bonus and salary before you quit.

If the year-end bonus is not paid when you want to quit in January. Then you don't quit.

Go to the hospital to find a relationship and issue a sub-health certificate. Then go to the company to apply for leave and receive salary. Incidental year-end bonus payment date.

If they fire you, you'll get three more months' salary. If you don't get fired, you will be on leave with a sub-health certificate until they pay for it.

According to the regulations, if your resignation date is after January, then the employer should pay you a year-end bonus. However, many units do not pay in violation of the labor law, which is regarded as deducting employees' wages.

To be on the safe side, you still have to wait for the unit to issue a year-end bonus before leaving.

Beijing Borong Law Firm.

It is better to resign after receiving the year-end bonus and salary!

I am in Beijing and I receive legal assistance in labor disputes!

Whether employees can still receive year-end bonuses after leaving the company.

Depends on the employment contract.

or whether there are provisions in the rules and regulations of the unit. There are two situations: there is no stipulation in the labor contract or there is no provision in the rules and regulations of the unit. If the departing employee has worked for more than one year in the previous year, according to the Labor Code

Article 46 "The distribution of wages shall follow the principle of distribution according to work and equal pay for equal work", and they are fully eligible to participate in the year-end performance appraisal.

and receive the year-end bonus. If an employer refuses to pay an annual bonus simply because the employee has already left the company at the time of the bonus, it is a violation of the principle of equal pay for equal work.

If there are provisions in the labor contract or the rules and regulations of the unit, it shall be implemented in accordance with the labor contract or rules and regulations. Generally speaking, the issuance of the year-end bonus is within the scope of the employer's own management, and the employer has the right to decide the conditions, amount, time and other specific matters of the year-end bonus. If the employer clearly stipulates that the year-end bonus is a special benefit of the company in the rules and regulations and other documents, whether it is paid and the amount of the payment need to consider the company's benefits and personal performance in the current year, and <>

In addition, it is not included in the scope of employees' wages, and it is stipulated that employees who leave before the year-end bonus cannot enjoy the year-end bonus of the previous year, so the employer can obtain judicial support for not paying the year-end bonus of the departing employee. The year-end bonus of resigned employees shall be levied on individual income tax according to the wages and salaries of the month.

Tax. According to the regulations, the year-end lump sum bonus tax method is only allowed to be used once per taxpayer in a tax year. Therefore, the year-end bonus issued by the original employer should be incorporated into the salary income of the current month for individual income tax; At the end of the year, <>

If an individual confirms that he or she has not used the one-time bonus tax calculation method throughout the year, he or she can go to the competent authority for individual income tax liquidation. A one-time bonus will be given throughout the year at the time of tax calculation.

Divide by the quotient after 12 months, according to the transitional policy of the new monthly tax rate schedule.

Find the applicable tax rates and quick deductions. In the month of receiving the year-end one-time bonus, if the personal salary income is lower than the threshold of 5,000 yuan, you can first subtract the "difference between the monthly salary income of less than 5,000 yuan" from the annual one-time bonus, and then find the applicable tax rate and quick deduction.

The year-end bonus of the departing employees should be given to others, after all, people have been in this company for a year, and have created a lot of benefits for the company, if they are given less, the employee's impression of the company will definitely be worse, if they are given to the employee, the employee will have some good ideas about the company. You can also give 80% of the year-end bonus, after all, employees have worked hard for a year, and if you don't give it, there are some unjustifiable.

The year-end bonus is also liquidated according to their usual performance when they are liquidated, and if they do better, there will be some bonuses.

It should be calculated according to the terms of the contract, and it is the employee's contribution to the company during the employee's employment, and then the percentage should be calculated and some commission should be recorded.

If the enterprise intends to pay the year-end bonus to the departing employee, it can be paid according to the specific month of the year in which the departing employee worked. This result can be obtained by dividing the total number of year-end bonuses by 12 multiplied by the number of months worked.

You can look at his work performance, you can look at his performance at work, and you can also look at his workload, which can be calculated.

If you want to say that the focus of workers at the end of the year, in addition to annual leave, is the year-end bonus.

The year-end bonus belongs to the scope of employees' labor remuneration, but whether it is a mandatory item in the wage category is not clearly stipulated in the national labor laws and regulations.

If there is a clear provision in the labor contract or the rules and regulations of the employer on the year-end bonus, then the employee is entitled to the year-end bonus in accordance with the agreement or regulations in accordance with the principle of equal pay for equal work.

In addition, according to Article 5 of the Interim Provisions on Payment of Wages, wages shall be paid in legal tender, and shall not be paid in kind or in lieu of valuable currency. The year-end bonus is in the nature of wages, so the payment of the year-end bonus cannot be offset by rice, flour, oil and other physical goods.

If an employee leaves early, can he get the year-end bonus that year?

The company has the right to independently determine whether the bonus is paid, the conditions for payment and the payment standard according to the operating conditions, the work performance, performance and attendance of employees, but the year-end bonus payment system formulated by the company should follow the principle of fairness and reasonableness.

If the company has clear provisions on the payment standards of the year-end bonus, and the employee's performance, evaluation and evaluation meet the conditions for enjoying the year-end bonus of the current year, the company shall not deduct the year-end bonus regardless of whether the employee resigns or not.

In fact, labor dispute arbitration institutions or courts generally support a certain percentage of the year-end bonus for the departing employee.

If there is no express agreement between the parties, it is not the legal obligation of the employer to pay the year-end bonus to the employee, and it is not illegal for the employer not to pay the year-end bonus.

Therefore, the payment of year-end bonuses generally follows the principle of "agreement first", and when there is no agreement, the principle of "equal pay for equal work" can also be invoked, and the company shall not deduct it without reason.

Year-end bonus and thirteenth salary.

In addition, many people tend to confuse the year-end bonus with the 13th salary.

As the name suggests, the thirteenth salary is the thirteenth month's salary, also known as the "double salary at the end of the year", which is generally a fixed salary agreed between the worker and the unit; As long as the employee provides normal labor, the employer must pay it according to the agreement, and many large companies will also pay 14 salaries and 15 salaries, and the principle is the same. The year-end bonus refers to the one-time bonus issued by the unit to employees according to their annual economic benefits and comprehensive assessment of employees' annual work performance; The amount of the year-end bonus is determined according to the company's individual assessment standards, and in addition to the personal factors of employees, it will also be affected by the company level. There is no conflict between the 13th salary and the year-end bonus, and eligible employees can enjoy it, mainly subject to the agreement or system regulations between the employer and the employee.

This is to check the specific provisions of the year-end bonus distribution of the public Xiangji, and it is recommended that it is best to leave the job after getting the year-end bonus.

Because some companies will stipulate that employees are on the job when the year-end bonus is paid.

If you do it on December 31, then the year-end bonus should be given to you, of course, if you resign early, the year-end bonus will not be available.

If you want to get the year-end bonus, then wait until you get it before you leave. Otherwise, it's easy to get in the soup.

Legal analysis: If the unit clearly stipulates that employees who leave before the end of the year cannot enjoy the year-end bonus, the unit sets up the year-end bonus to motivate employees not to leave easily, and it is also one of the strategies to retain talents.

Legal basis: Labor Contract Law of the People's Republic of China Article 18 If the labor contract is not clear about the standards such as labor remuneration and working conditions, and disputes arise, the employer and the employee may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; Where there is no collective contract or the collective balance draft does not stipulate labor remuneration, the same remuneration for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.

If you do not want to continue working with the employer, you can submit your resignation to the employer. Resignation needs to be carried out in accordance with the statutory procedures, go through the handover procedures, and do a good job of salary settlement. So, is there a year-end bonus after leaving the job?

Is there a year-end bonus after leaving the job?

1. If the conditions for receiving the year-end bonus are met, the employee has the right to receive the year-end bonus;

2. Disputes over year-end bonuses generally occur between the departing employee and the original company. For enterprises that do not have relevant rules and regulations, the risk of bearing the year-end bonus in labor arbitration is higher.

3. For enterprises that have clearly formulated rules and regulations stipulating that the year-end bonus will not be paid after resignation, it is divided into two situations: first, the employee leaves the company after one year, and the assessment basis of the year-end bonus has been determined, but the employee has left the company when the actual calculation and distribution are made; Second, if the employee has not worked in the company for one year, his request for year-end bonus is mainly based on the proportion of the month of the year's performance. In these two cases, the former situation is more likely than the latter for the employee to request the enterprise to pay the year-end bonus, which is more likely to be recognized by arbitration.

4. However, as long as the enterprise specifically and meticulously stipulates that the year-end bonus does not belong to labor remuneration in terms of attributes, and clarifies that there is no year-end bonus after resignation in the payment conditions, the risk of losing the lawsuit is much smaller.

Resignation procedures

1. If the labor contract has not expired, it is necessary to submit a written resignation application and an application for termination of the labor contract to the department leader one month in advance, and report to the human resources department after the department leader signs the opinion.

2. The human resources department shall report to the department level by level, and after the approval of the general manager and the chairman, the human resources department shall notify the department leaders to arrange the work handover.

3. Employees need to hand over in turn according to the content of the "Departing Employee Handover Form", "Work Handover Schedule" and "Item Handover Sheet", and after the Finance Department settles the loan, the handover party will be regarded as completed after the handover is signed and confirmed by both parties and department leaders.

4. If insurance is involved in the salary, the Human Resources Department and the Finance Department shall handle the insurance liquidation and carry out the procedures for insurance reduction.

5. The human resources department counts the attendance of the month, reports to the superior for approval, and pays the employee's salary on the salary settlement date.

6. The human resources department handles the procedures for the termination of the labor contract and issues the "Certificate of Termination of Labor Contract" to the employee, which is required by the employee to the next new unit.

If you are a probationary employee, you generally only need to apply three days in advance, and the procedures are relatively simple. In addition, it is reminded that if the employee has a personnel file in the company, the file must be transferred to the talent exchange center. If there is already a unit willing to accept the safekeeping, it is also acceptable.

Other forms of resignation, such as the expiration of the labor contract, will not be renewed, and the work handover will be handled normally, and there is no need to apply 30 days in advance.

If the conditions for receiving the year-end bonus are met, the employee is entitled to receive the year-end bonus; Year-end bonus disputes generally occur between the departing employee and the original company. For enterprises that do not have relevant rules and regulations, the risk of bearing the year-end bonus in labor arbitration is higher. If your situation is more complicated, you are welcome to consult with us.

If the employer clearly stipulates that employees who leave before the end of the year cannot enjoy the year-end bonus.

If employees leave before the end of the year for various reasons, then the unit does not need to provide them with corresponding treatment, that is, year-end bonuses.

Legal basis: Labor Contract Law of the People's Republic of China.

Article 18 Where the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the worker may renegotiate; If the negotiation fails, the collective contract shall apply.

Stipulate; Where there is no contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.

Many readers and friends will change jobs at this time period at the end of the year, so if you want to leave at the end of the year, can you still get the year-end bonus? The next thing in this article is to talk about related topics!

First of all, is the year-end bonus mandatory? Actually, that's not the case! The year-end bonus belongs to the category of labor remuneration of workers and is one of the components of bonuses.

Although it belongs to the category of labor, the current laws and regulations do not mandate how the year-end bonus should be paid. Therefore, the theoretical liquid stove company has the right to make trouble, according to the business situation, the performance of the employees, etc., to independently determine whether the bonus is paid or not, the conditions for the payment and the standard of payment.

The second is that there are many restrictions on whether the resignation person can get the year-end bonus, if the employee signs a written labor contract with the employer at the time of entry, it is indeed clearly agreed on the payment method and amount of the "year-end bonus" and the specific payment time. Whether it is in the form of double salary at the end of the year or in the form of performance appraisal, this "year-end bonus" should be regarded as the labor remuneration of the worker.

However, if the employment contract does not clearly stipulate the issues related to the payment of the year-end bonus, then there is no need for the employer to pay the annual bonus on time and in full. If the employer and the employee agree to pay the year-end bonus according to the employee's performance, this year-end bonus is not mandatory and mandatory. If the worker wants to get this year-end bonus back, it may take a lot of time!

Then there are some units will clearly stipulate that employees who leave before the end of the year can not enjoy the year-end bonus, one of the purposes of the unit to set up the year-end bonus is to motivate employees not to leave easily, but also one of the strategies to retain talents, if employees leave before the end of the year for various reasons, then the unit does not need to provide them with the corresponding treatment, that is, the year-end bonus, this situation is more difficult to get.

The above is some of the introduction and analysis of whether you can get the year-end bonus after leaving at the end of the year, I hope that you will want to know the situation you may encounter after leaving the job when you join the company, and then lay a good foundation for protecting your legitimate rights and interests, and prevent problems before they happen, so that you can be a competent worker!