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It needs to be determined in combination with the contract and the company's management system.
First of all, if the contract stipulates that the year-end award of 2,000-5,000 yuan is reflected, the parties can make a claim accordingly. However, if it is not reflected in the contract, then you must provide evidence that such an agreement exists in your company.
Secondly, if the year-end bonus is based on the employee's performance each month, and the separate commission is used as the year-end bonus, the party concerned can claim the year-end bonus from the original unit. Because it is part of the employee's usual labor remuneration, the employer may not refuse to pay the employee due to his resignation. If the year-end bonus is a one-time year-end bonus, you need to refer to the specific regulations of the employer on the payment of the year-end bonus.
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Addendum: If there is no agreement in the contract, then you must show other evidence to prove that such an agreement does exist, and if you can't prove it, then it will be difficult to get legal protection. You can find the company's salary system as proof, or you can ask other colleagues to help you prove it, in short, there is no agreement in the contract, there must be other evidence.
If you have any other questions, please continue to ask them.
Of course, you can get it, this is part of your salary income, and if there is an agreement in the contract, it must be paid according to the contract, and you have worked for a year, and the employer has no reason not to pay the salary.
If the company does not give it, when you resign, you apply to the labor arbitration commission for arbitration, and ask the employer to pay the year-end bonus, and you have the right to require the employer to pay 25% of the year-end bonus as additional compensation. According to Article 3 of the Measures for Economic Compensation for Breach and Termination of Labor Contracts, if an employer deducts or defaults on the employee's wages without reason, or refuses to pay the employee wages and remuneration for extended working hours, in addition to paying the wages and remuneration of the employee in full within the prescribed time, it shall also pay an additional economic compensation equivalent to 25% of the wages and remuneration.
If you have any other questions, please add them and good luck.
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Legal Analysis: Only those who have worked for one year and are in time for the bonus will be paid in full. This has nothing to do with the employee's working hours.
Legal basis: Labor Contract Law of the People's Republic of China
Article 37 A worker 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.
Article 38 An employee may terminate a labor contract under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
3) Failure to pay social insurance premiums for workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer violates rules and regulations and orders risky work that endangers the employee's personal safety, the employee may immediately terminate the labor union without prior notice to the employer.
Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer of the chain of relatives;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
Article 40 In any of the following circumstances, the labor contract may be terminated after the employer Shan Chang Sun Wei notifies the worker in writing 30 days in advance or pays the worker an additional month's salary:
1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
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1. The company pays 14 months' salary a year, which refers to 14 salaries. 12 months' salary is paid in a year, and the other 2 months' salary is an incentive salary.
The monthly incentive salary is paid according to the company's labor contract, which is generally paid at the end of the year, that is, when the December salary is paid. However, depending on the company, each company is different, some companies will be issued in two months in the next year, and some companies will be paid within one month in the next year.
3. If there is no full year of work, whether to pay incentive wages is decided by the enterprises themselves, and some enterprises pay year-end bonuses in proportion, and some do not pay them are also normal, because incentive wages are not legally necessary.
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Summary. Hello Hello Hello <>Hello Hello
The company stipulates that you can only get the year-end bonus after working for 10 months, legal analysis: the general requirement for the year-end bonus is more than half a year, and the specific requirements are according to the company's regulations.
The company stipulates that only after 10 months of work can you get the year-end bonus.
Hello Hello Hello <>Hello Hello
The company stipulates that you can only get the year-end bonus after working for 10 months, and the law is divided into sharp analysis: the general requirement for the year-end bonus is that the half-old is not worthy of more than one year, and the specific requirements are according to the company's regulations.
I have been with the company for four years.
Legal basis: Article 4 of the Provisions of the People's Republic of China on the Composition of Total Wages for Rent and Shelter Article 4 The total wages are composed of the following six parts: hourly wages; Piece; Bonus; allowances and subsidies; overtime pay; Wages paid in exceptional circumstances.
Article 4 of the Provisions on the Composition of Total Wages is composed of the following six parts: (1) hourly wages (2) piecework wages; (3) bonuses; (4) allowances and subsidies; (5) Overtime wages; (6) Wages paid under special circumstances. Article 7 Bonus refers to the excess labor remuneration paid to employees and the labor remuneration for increasing income and reducing expenditure.
Including: (1) Production Award; (2) Saving awards; (3) Labor Fraud Contest Awards; (4) Organs, business units.
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The company stipulates that the work of 10 months can only get the year-end bonus on the distribution of the year-end bonus, at present there is no mandatory provision in China, some enterprise employees will be issued a year-end bonus for half a year or a year, but the rules and regulations of different enterprises are different, the year-end bonus should be determined by the labor contract and the rules and regulations of the unit, some enterprises do not have a year-end bonus, even if there is a year-end bonus, it is also issued according to the proportion of the employee's entry month.
The company stipulates that only after 10 months of work can you get the year-end bonus.
The company stipulates that the work of 10 months can only get the year-end bonus on the distribution of the year-end bonus, at present there is no mandatory provision in China, some enterprise employees will be issued a year-end bonus for half a year or a year, but the rules and regulations of different enterprises are different, the year-end bonus should be determined by the rules and regulations of the labor and the unit, some enterprises do not have a year-end bonus, even if there is a year-end bonus, it is also issued according to the proportion of the employee's entry month.
Pro, the year-end bonus is one of the benefits, not stipulated by relevant national laws and regulations. The year-end bonus is determined by the contract and the unit's Hu Oak rules and regulations, even if there is a year-end bonus, it is also issued according to the proportion of the month you guess is working. Otherwise, whether or not to issue the year-end bonus, and how much to pay, is determined by the contract and the company's regulations.
As a new employee, you can ask your colleagues about the year-end bonus first. Whether the year-end bonus is issued depends on how long you have been in the company, whether it is almost a year or half a year, or a month or two. In addition, it is also necessary to consider the nature of the company, whether it is a state-owned enterprise, a public institution, a foreign enterprise, or a private enterprise.
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Summary. Hello, Not necessarily, this may be other subsidies or incentives provided by the company, such as annual performance awards, quarterly bonuses, rewards for working for a certain number of hours, etc. If your colleague has a year-end bonus, you can consult with the company to see if there is a corresponding year-end bonus plan, if not, you can try to negotiate with the company to see if you can use the extra 3 months' salary as an annual bonus, or other subsidies or incentives.
The company and I are talking about 15 months' salary a year, does the extra 3 months' salary belong to the year-end bonus? Other colleagues have year-end bonuses, but I don't.
Hello, Not necessarily, this may be other subsidies or incentives provided by the company, such as annual performance bonuses, quarterly bonuses, and short-time rewards for working for a certain number of hours. If your colleague has a year-end bonus, you can consult with the company to see if there is a corresponding year-end bonus plan, if not, you can try to negotiate with the company to see if you can use the extra 3 months' salary as a year-end bonus, or other subsidies or incentives.
I understand that 15 salary and year-end bonus are not the same thing, the company has a bonus all people should have, the reason I don't have may be that the calculation of my salary is different from them, they are 12 salaries, but they convert the bonus or Qijin into a monthly salary, more than 15 salaries, I plan to go to the general manager.
Dear, I suggest you ask the general manager.
Or you can ask a colleague first, maybe the company counts the extra 3 months' salary as a year-end bonus.
If the company uses 3 months' salary as a year-end bonus, should it be stated in the interview that the year-end bonus may be more than 15 salaries.
Well, yes. The company is not clear about this. In this case, you can ask your general manager's relatives.
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14 months' salary is paid a year, which means that 12 months' salary is paid as usual in a year, and there are 2 months of incentive salary. 2 months.
Incentive wages are generally paid at the beginning of the next year, some companies will pay them in two months, and some companies will pay them in one month.
If the work is less than one year, whether to pay incentive wages is decided by each enterprise itself, and some enterprises pay year-end bonuses in proportion, and some do not pay them are also normal. Because incentive wages are not legally mandatory.
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It depends on the agreement of your company's labor contract.
Generally, the company chooses to pay the year-end bonus at the end of the year
Generally, it is chosen before the Chinese New Year
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14 months' salary is paid a year, which means 12 months' salary, and there are 2 months' incentive salary. The two-month incentive salary is generally paid at the beginning of the next year, which can be paid in two months or all at once.
If the work is less than one year, whether to pay incentive wages is set by each enterprise itself, some are paid proportionally, and some are not, which is normal. Because incentive wages are not legally mandatory.
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Anyway, no matter what month you send it in, the bonus calculation can only be counted once a year.
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It's normal for leaders to have you not.
It depends on the employment contract you signed with the company.
It is written that there is a month-end bonus, but it is not legal if it is not issued.
In short, as long as there is no violation of the parties signed.
The labor contract is compliant and legal.
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Legitimate. The payment of the year-end bonus is at the discretion of the company.
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I don't think so.
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