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Legal analysis: There is a difference between the performance award and the year-end draft key award, the difference between the two is that the performance award strengthens the strengthening basis for the performance, while the year-end bonus is more based on the situation of the enterprise and the boss.
Legal basis: Labor Contract Law of the People's Republic of China
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Article 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) If the worker is assigned to work on the day of rest and cannot arrange compensatory leave, he shall be paid a wage remuneration of not less than 200 percent of the early wage; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
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No. There is a difference between the year-end performance appraisal award and the annual appraisal award, and the performance appraisal award is generally more than 10,000 yuan.
1. The annual appraisal bonus is for the civil servants themselves, that is, the assessment form that everyone must fill in at the end of the year. The bonus will be paid as long as the assessment is above the competency.
2. The year-end performance appraisal bonus is for the unit, at the end of each year, the organization department and the Party Committee Working Committee will assess the unit, and the assessment is also divided into excellent, better, general and other grades, and different grades correspond to different bonus standards.
For example, if the bonus base is 20,000 yuan, then the unit that is rated as excellent may rise by 10% to 22,000 yuan. That is to say, the year-end performance appraisal bonus is for the unit, calculated and issued according to the assessment results of the unit, and the amount of this bonus is generally relatively high.
In addition to salaries, civil servants are generally paid annual appraisal bonuses, heating expenses, performance appraisal bonuses, and spiritual civilization awards at the end of the year.
For a civil servant, in addition to the usual monthly salary, tens of thousands of yuan can generally be paid at the end of the year, and these tens of thousands of yuan mainly include annual appraisal bonuses, heating expenses, performance appraisal bonuses, and spiritual civilization awards. Of course, the standards of these items are different from place to place, and the standards of developed regions are certainly higher than those of general regions.
For example, in some areas, the annual assessment bonus is a month's basic salary, about 2,000 yuan, the heating fee is a month's full salary, about 5,000 yuan, the performance appraisal award is almost 15,000 yuan, and the spiritual civilization award is almost 10,000 yuan.
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The year-end performance appraisal bonus is generally not equivalent to the year-end bonus. The year-end bonus refers to a one-time bonus given to employees at the end of the year by the company according to their annual work performance and company performance. The year-end performance appraisal award is a comprehensive evaluation award based on the employee's work performance within a certain period of time (usually one year) through quantitative and qualitative appraisal methods.
The year-end performance appraisal award can be regarded as the performance reward of the employees of the World Games during the year, which is determined according to the performance of the employees and has no necessary relationship with the company's performance. Although both are bonuses given to employees at the end of the year, they are different in concept and nature, and they need to be differentiated.
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Summary. Hello dear! Now for you, <>
January's performance in March is unreasonable, and from a legal point of view: unreasonable. The general labor law stipulates that the wages of the previous month shall be paid for no later than 30 days, that is, on the 30th day of each month.
So your salary for January will be paid by the end of February at the latest. Even if the Spring Festival holiday is held, it will only be held in late February, not in March. It's only that your company is too frustrated and completely bullied you don't understand, you can go to arbitration.
Is the performance in January reasonable in March?
Hello dear! Now for you, <>
The performance in January and the hair in March are unreasonable, and from a legal point of view: unreasonable. The general labor law stipulates that it is not more than 30 days at the latest, and you are also worried about the 30th day of each month, and you must pay the previous month's salary.
So your salary for January will be paid by the end of February at the latest. Even if the Spring Festival holiday is held, it will only be held in late February, not in March. It's only that your company is too frustrated and completely bullied you don't understand, you can go to arbitration.
Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and national regulations, pay the labor remuneration to the employee in full and in a timely manner. If the employer is in arrears or fails to pay the full amount of labor remuneration, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Article 44 In any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) If the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) If a worker is assigned to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300% of his wages.
January's performance was suppressed for several months in March.
It's been a kiss for two months.
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Summary. Legal analysis: Dear, the performance in January is unreasonable in March, this is in arrears of wages, and you can go to the labor inspection brigade to vote.
If the remuneration standard agreed in the labor contract is changed, the employer and the employee need to reach an agreement through consultation, and the employer cannot unilaterally change it. If the employer does this, the worker can go to the labor inspection brigade to apply for su, and the labor inspection brigade will order the employer to pay within a time limit. Performance-based pay is basically paid to employees along with wages every month.
Hello, happy to answer your <>
According to your problem, the results of your analysis from a legal point of view are as follows: The performance in January is unreasonable to send in March.
Legal analysis: Dear, the performance in January is unreasonable in March, this is in arrears of wages, and you can go to the labor inspection brigade to vote. If the salary standard agreed in the labor contract is changed, the employer and the employee need to reach an agreement through negotiation, and the employer cannot unilaterally change it.
If the employer does this, the worker can go to the labor inspection brigade to vote for su, and the labor inspection brigade will order the employer to pay Lu Chunxiang within a time limit, and if the employer fails to pay within the time limit, it should pay additional compensation. Performance-based pay is basically paid to employees along with wages every month.
Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and national regulations, pay the labor remuneration to the employee and Duan Zhengshi in full. If the employer is in arrears or fails to pay the labor remuneration of the floating combustion mold, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Article 7 of the Interim Provisions on Payment of Wages shall be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
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If the company has agreed on the recovery of advance performance, it can carry out recovery management according to the actual situation. If the company does not have a relevant system, it should explain the situation and the reasons for the withdrawal with the parties, obtain recognition and understanding, and let the parties return the advance performance. The individual income tax withheld and paid by the advance performance is not recoverable, and the company should bear this part of the tax loss.
If the declaration has not been made, the relevant declaration data can be cancelled to avoid tax losses.
Hello, Chunsen Kai's pickpocketing performance in January is not legal in March. According to the provisions of the Labor Law, an employer shall not deduct or delay the wages owed to an employee without reason. <>
Relevant information: Whether the pre-issued performance can be recovered should be implemented according to the management system of your company's pre-issued performance. If the company has agreed on the pre-release performance recovery, it can carry out the recovery management according to the actual situation.
If the company does not have a relevant system, it should explain the situation and the reasons for the withdrawal with the parties, obtain recognition and understanding, and let the parties return the advance performance. The individual income tax withheld and paid by the advance performance is not recoverable, and the company should bear this part of the tax loss. If it has not been declared, it can be transferred to the relevant declaration data to avoid tax losses.
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