Is there any article in the labor law regarding year end bonuses?

Under normal circumstances, employees do not have the right to request the employer to pay the year-end bonus.

The bonus is a special salary issued by the employer to reward outstanding contributions and performance according to the efficiency of the enterprise. The payment of bonuses belongs to the autonomy of the employer, that is, the employer can decide whether to pay bonuses or not, and the conditions and standards for issuing bonuses.

The state stipulates that employers must pay wages in accordance with the provisions of the labor contract, but there is no provision that bonuses must be paid. The year-end bonus is generally issued by the unit after the assessment of the employee, if the unit does not meet the conditions for the bonus, then it is natural not to pay the bonus, if the employee resigns, because it is not assessed, it will not be issued the year-end bonus, after all, the bonus is the unit's own business.

Employees have the right to request bonuses from the employer in the following cases, regardless of whether they are about to leave the company or have already left the company.

1. The specific calculation method of the bonus is stipulated in the labor contract.

2. According to the regulations of the unit, the employer shall pay the bonus, and there is a specific amount or method for calculating the bonus.

3. The unit has made a decision on the bonus and specific reward methods for the employee. If the employer repents on an excuse, the employee can request the employer to pay a bonus in accordance with the law.

The new labor law does not stipulate that the year-end bonus must be paid, but the company's leadership or boss decides whether to pay it or not, and the year-end bonus is only the welfare of employees.

The labor law does not stipulate that the company must give a year-end bonus, this can only be seen according to the economic ability of your company, you expire on October 31 this year, that is to say, at the end of this year, if your colleague sent you did not send it, you can take the previous information that proves that you have paid the year-end bonus every year, such as a passbook, to the labor bureau for consultation.

If it is paid as an end-of-year bonus, it should be enjoyed by all employees who work until December 31. But at present, there are many units playing word games in this regard, not calling it a year-end bonus, but changing the name to the *** annual benefit award, etc., then there is no way. If your employer says that it is a "year-end bonus", then congratulations, you can apply for labor arbitration at that time.

Bonuses under the new labor law are not protected by the new labor law. This is because bonuses are not included in the base salary.

If you have had it every quarter in the past but not this time, you can gather evidence to prove that you are justified. If you agree in advance that there is a year-end bonus, and the company does not renew the contract with you, of course, you can get the year-end bonus according to the law, and it is best to have this evidence. For example, the rules and regulations do not stipulate when the year-end bonus will be issued, how much the year-end bonus is, etc.

The year-end bonus is a performance bonus, and the labor law does not force it to be issued, but some companies with good benefits or companies will issue some year-end bonuses accordingly in order to reward some outstanding employees. Zhao Xiangchen.

For employees, the year-end bonus can be described as a few joys and sorrows: if you get it, you will naturally be happy; If not, the sad face is depressed. For example, a former colleague of mine, according to his own words, usually works hard in the company, often works overtime until late at night, as long as the boss tells him, he will implement it without discount, which can be described as dedication and selfless dedication.

But at the end of the year, when the year-end bonus was issued, he found that he didn't have his own share, and the gap in his heart was very big, so he couldn't get angry, so he went to the boss to theorize, and the answer given by the boss was assessed by the Zen level of each manager, and he couldn't help it. So the colleague left angrily and moved to another company. In fact, there are many factors that affect whether you can get the year-end bonus, and in my opinion, there are generally the following factors:

The company's operating conditions. If the company is in good business condition and has a lot of profits, the company may issue a year-end bonus at the end of the year. On the other hand, if the company loses money or does not make money, the probability of issuing the year-end bonus is relatively small, or even not paid at all.

The company's welfare system. Similarly, if the company's benefits are better. Generally, there will be a year-end bonus system, so that at the end of the year, the company should issue a year-end bonus.

Similarly, if the company's welfare benefits are not good and there is no year-end bonus system at all, the year-end bonus should not be issued at the end of the year.

The pattern of managers and the degree of attention paid to talents. If the boss of a company has a larger pattern and attaches more importance to talents, the probability of issuing age is relatively large under the premise that the company has a welfare system and the company makes money. Otherwise, if the boss or manager is more deductible or even selfish, it is impossible to issue the year-end bonus.

The value of the worker himself. If the worker himself belongs to the management or technical talents, and can be in charge of the company is an indispensable talent, then the company will generally issue year-end bonuses to such people. Similarly, if the worker is an ordinary operating worker, the probability of paying the year-end bonus is relatively small, or even none.

At the end, if we do not get the final bonus of the annual banquet, we should conduct a comprehensive analysis from the above aspects to evaluate whether we should get the year-end bonus.

First of all, it is necessary to bend their work ability and work efficiency, and then make some achievements in this job, and then rely on their own ability to win the year-end bonus of the Nianshan Shed.

It is better to get the corresponding bonus according to your ability, and you should also have a reasonable subsidy according to the company's profit.

I don't know this very well, but you can ask some relevant departments, and then you can also ask some people who understand.

According to Articles 46, 47 and 48 of the Labor Law, the wage distribution of an employer shall follow the principle of distribution according to work, implement the system of equal pay for equal work and the protection of the minimum wage, and independently determine the wage distribution method and wage level of the unit according to the characteristics of its production and operation and economic benefits.

The distribution of the year-end bonus of the employer is autonomous, as long as it complies with the provisions of the wage distribution method formulated in accordance with the law and reflects the basic fairness.

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.

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.

The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.

The wages paid by the employer to the employee shall not be lower than the local minimum wage.

Labor Contract Law of the People's Republic of China

Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the worker agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years;

2) When an employer implements the labor contract system for the first time or re-concludes a labor contract after the restructuring of a state-owned enterprise, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.

If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

Article 15 A labor contract with a time limit for the completion of a certain work task refers to a labor contract in which the employer and the worker agree that the completion of a certain task shall be the contract period.

The employer and the employee may conclude a labor contract with a term of completion of a certain work task if they reach an agreement through consultation.

There is no relevant provision for year-end bonuses under the Labor Sliding Law, which is a matter of independent negotiation between the employee and the employer. If the employment contract signed between the employer and the employee clearly stipulates the benefits such as bonuses and year-end bonuses, the employer must pay the full amount according to the agreement.

Article 46 of the Labor Law of the People's Republic of China 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.

Article 47 of the Labor Law of the People's Republic of China An employer shall, in accordance with the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with the law.