Do I have the right to get a year end bonus if I resign at the end of the year?

1. If the employee resigns in writing one month in advance, the employer may allow the employee to resign in advance.

2. Generally, as long as it meets the requirements of year-end bonus and performance bonus, it should be paid, regardless of when to resign.

3. It is recommended that the unit be required to issue a written material explaining that the year-end bonus will be paid on time and the amount will be clarified. If the other party does not pay the year-end bonus, it can apply for labor arbitration.

Legal basis] Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, this Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Since the law does not specifically stipulate the year-end bonus, whether and how much an employee can get after leaving the company depends on the provisions of the labor contract or the rules and regulations of the employer.

Legal basis] According to Article 37 of the Labor Contract Law, an employee may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Legal analysis: 1. If the employee resigns in writing one month in advance, the employer may allow the employee to resign early. 2. Generally, as long as it meets the requirements of the year-end bonus and performance bonus, it should be paid, and it has nothing to do with when it leaves the reed hail position.

3. It is recommended that the unit be required to issue a written material explaining that it will pay the year-end bonus on time and clarify the amount. If the other party does not pay the year-end bonus, it can apply for labor arbitration.

Legal basis] Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, this Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Legal analysis: There are no clear provisions in the law, and it needs to be analyzed in combination with the actual situation.

It is generally believed that enterprises can stipulate the principles and objects of the year-end bonus. Under the circumstance that the enterprise has clear provisions or agreements, the institution still fully respects the enterprise's right to wage distribution. The author believes that there are many reasons for employees to leave the company, and even if there is such an agreement, it should still be treated separately and cannot be "one size fits all".

According to the provisions of the labor law, the following three situations should be treated differently:

1) Employees leave the company due to their own reasons. For example, 30 days in advance notice of the termination of the contract, the termination of the contract due to illness, the incompetence of the worker, serious violation of discipline, serious dereliction of duty, etc. At this time, it can be considered that the employee did not comply with the original agreement, which constituted a breach of contract, and the negative consequence brought about by this was "not getting the year-end bonus".

This can be said to be the loss of the employee's own benefits.

2) The employee resigns due to the company's reasons. If the employer deducts wages, does not provide working conditions, restricts personal freedom, lays off employees for economic reasons, or layoffs due to major changes under objective circumstances, etc., resulting in the resignation of the employee, the employer shall be deemed to have breached the contract, and the employer shall pay a certain percentage of the "year-end bonus" to the employee.

3) Other reasons. It is mainly the situation during the probationary period, the termination of the labor relationship and the termination of the labor contract through negotiation between the two parties.

For the "probationary period release", since the probationary period in China shall not exceed 6 months, the problem of year-end bonus payment generally does not occur, unless it is stipulated that there is a certain amount of year-end bonus for a certain period of work.

Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 3 In resolving labor disputes, the lawful rights and interests of the parties shall be protected in accordance with the lawfulness, fairness, timeliness and emphasis on mediation in accordance with the facts and in accordance with the law.

Whether the resignation at the end of the year has the right to receive the year-end bonus is determined by the rules and regulations of the employer, and the rules and regulations will be issued. The year-end bonus refers to the uncapped reward given to employees at the end of each year, which is an affirmation of the work performance of the past year. The law does not mandate that the employer must pay the year-end bonus, and the employer shall independently determine the year-end bonus of the unit according to the characteristics of its production and operation and economic benefits.

[Legal basis].Article 46 of the Labor Law of the People's Republic of China.

The distribution of wages shall be in accordance with 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.

Article 47.

Employers shall, in accordance with the characteristics of their production and operation and economic benefits, independently determine their wage distribution methods and wage levels in accordance with the law.