I resigned before the year end bonus, can I still get the year end bonus?

As soon as the New Year arrives, all units basically begin to comprehensively evaluate the situation of employees this year, and then give them year-end bonuses. Of course, there is no legal provision for the specific issuance time of the year-end bonus. In practice, it is usually up to the unit to decide when to issue the year-end bonus.

Therefore, some units will issue year-end bonuses before the Spring Festival, and some will issue them after the Spring Festival. If you resign before the year-end bonus is issued, you can also advocate for the year-end bonus.

At this time, there is a problem. Some employees may apply for resignation before the company issues the year-end bonus. However, at this time, the actual working hours of employees are also in full compliance with the provisions of the unit to issue year-end bonuses.

In this case, can an employee resign from the employer and ask for overtime pay? Let's take a look.

As far as China's laws and regulations are concerned, there is no mandatory uniform provision for year-end bonuses. In reality, in addition to the wages and bonuses separately agreed upon by the employer and the employee in the labor contract or wage confirmation form, the employer has the right to independently decide the conditions, amount, time and other specific matters of the year-end bonus payment based on comprehensive factors such as the employer's operating conditions, the employee's job position, and work performance. However, if there is a clear agreement in the labor contract or the rules and regulations of both parties, the provisions of the labor contract or rules and regulations shall be followed.

Therefore, it is necessary to correct the misconception that employers do not have to pay annual bonuses to employees, and there is no mandatory requirement for the state in this regard. However, if there is an agreement between the two parties, it will have a certain binding force on the unit. At this time, the year-end bonus must be issued to the employee, otherwise the behavior of the unit will constitute a breach of contract and need to bear certain legal responsibilities.

In reality, if the employer and the employee agree that they need to issue the year-end bonus, but at the same time do not clearly agree on the specific payment acceptance and standards, in this case, it can be handled in accordance with Article 18 of the Labor Contract Law.

Legal link: Article 18 of the Labor Contract Law stipulates that "if the labor contract is not clear on the standards of labor remuneration and working conditions, and a dispute arises, the employer and the employee may renegotiate; If the negotiation fails, the collective contract shall apply; Where there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work is 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.

In fact, in order to avoid employees leaving as soon as they receive the year-end bonus, many units often agree to pay the year-end bonus in March or April next year. For example, employees who leave in February or March and have not yet reached the time to pay wages are not eligible for it.

Bian Xiao believes that the company's stipulation that the year-end bonus will be paid in the following year was originally intended to postpone the payment of the year-end bonus that should have been enjoyed in the previous year. The year-end bonus is a reward for employees who work hard for one year, and employees have the conditions to enjoy after one year of work (of course, the final amount may also depend on the assessment indicators). Therefore, as long as the employee meets the criteria for receiving the year-end bonus, although he resigns before the year-end bonus is issued, the employee can claim the year-end bonus from the company at this time.

No way. Because you have left your job and do not have the right to receive the year-end bonus. At this time, you should consider looking for a job.

If your resignation report is not approved, you will be able to get it. If it's already approved, you shouldn't be able to get it.

I definitely can't get it, because the time for me to resign is not appropriate, and I can only accept my fate.

Year-end bonus after resignation:

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 year-end bonuses will not be paid after resignation, there are two situations:

First, the employee leaves the company after one year, and the assessment basis for the year-end bonus has been determined, but the employee has left the company when the actual calculation and payment 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.

Legal basis. Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

If you terminate the labor contract with the employer before the year-end bonus is issued, you can no longer apply for the year-end bonus. Because as far as China's laws and regulations are concerned, there is actually no mandatory uniform provision for year-end bonuses.

In reality, in addition to the salary bonus separately agreed between the employer and the employee in the labor contract or salary confirmation form, the employer has the right to independently decide the conditions, amount, time and other specific matters of the year-end bonus according to the operating conditions of the employer, the employee's job position and performance, and other comprehensive factors.

However, if there is a clear agreement in the labor contract or rules and regulations between the two parties, it shall be implemented in accordance with the provisions of the labor contract or rules and regulations.

1. What are the provisions of the year-end bonus after the employee leaves the company?

The provisions of the year-end bonus after the employee's separation are as follows:

1. If there is neither a labor contract nor relevant rules and regulations stipulating the year-end bonus in the labor contract or the rules and regulations of the unit, if the employee has worked for one year last year, according to the Labor Law of the People's Republic of China, the wage distribution should follow the principle of labor distribution, equal pay for equal work, and fully meet the conditions for participating in the year-end performance appraisal and receiving the year-end bonus. If the employer refuses to pay the year-end bonus only on the grounds that the employee has left the company at the time of the payment, it violates the principle of equal pay for equal work. Labor arbitration can protect one's rights and interests;

2. If there is an agreement in the labor contract or the rules and regulations of the unit, it shall of course be implemented in accordance with the labor contract or rules and regulations. Generally speaking, the payment of the year-end bonus belongs to the independent management of the employer, and the employer has the right to independently decide the conditions, amount, time and other specific matters of the year-end bonus. If the employer clearly stipulates in the rules and regulations and other documents that the year-end bonus is a special benefit of the company, and whether and the amount of payment needs to take into account the company's interests and personal performance, and is not included in the scope of the employee's salary, and stipulates that the employee shall not enjoy the year-end bonus of the previous year before the year-end bonus, then the employer can get judicial support if it does not pay the year-end bonus.

2. When will the year-end bonus be issued?

According to the relevant laws and regulations of the current state, the year-end bonus is generally an incentive measure for enterprises according to the company's profits, employees' personal performance, etc., and the year-end bonus is not mandatory.

If there is no special agreement, the company may not issue it, and if it does, the time of issuance is generally determined by the enterprise itself.

Article 46 of the Labor Law stipulates that the distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented. The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.

Basically, if you don't resign, it means that you have nothing to do with the company, and of course the year-end bonus has nothing to do with it.

It's okay to resign from the year-end bonus, or I think it's okay if you don't get a job and are also recognized by the company's leaders.