How is the year end bonus distributed? Do year end bonuses have to be paid?

Year-end bonuses have different forms of distribution in different units, in addition to red envelopes in the general sense, some are dividends, some are "double salary", some are commissions, and some are bonuses. However, it is not simple for enterprises to consider when issuing year-end bonuses, and some of the purposes are very clear, that is, to reward employees for their labor in a year, but there are also some companies that have to do it as a last resort when issuing year-end bonuses.

At present, there are three main forms of year-end bonus, and the calculation method of year-end bonus is different in different ways.

1) Performance appraisal.

Performance bonuses are issued based on the results of the individual's annual performance evaluation and the company's performance. At present, the performance appraisal rules of most companies are public, and many will make a clear agreement with employees in advance through performance contracts, and score according to the completion of year-end performance, and different scores correspond to different performance bonus coefficients.

According to reports, it has become a trend to issue year-end bonuses through performance appraisal, for example, the manager of a supermarket, the annual assessment is divided into four grades, and the above ones who exceed the sales task are special; Exactly completed counts the first class; Those that are not completed will be counted as second class, and different levels correspond to different year-end bonus amounts.

2) Red envelopes. The boss gives an indefinite number of red envelopes to the employees. This year-end bonus calculation method is relatively private, some are issued as auxiliary year-end bonuses, and some are issued to employees in key positions.

There are also companies that do not have a fixed form of year-end bonus, and the boss directly distributes red envelopes, which depends on the position and impression of the employee in the boss's heart.

3) Double pay at the end of the year.

The so-called double salary is actually an extra month's salary paid by the unit to the individual in accordance with the prescribed procedures, which is a form of annual reward for employees by the unit. At present, the administrative authorities and most enterprises call it the "13th-month salary" (i.e. "12+1").

Double salary at the end of the year and year-end bonus are not the same concept, and the conditions for the payment of year-end bonus are more related to performance; However, double pay at the end of the year is generally only related to working hours. However, some employers have systematically set the conditions for obtaining double pay at the end of the year, such as performance standards, etc., and the year-end double salary at this time has the concept of year-end bonus; Second, since the double pay system at the end of the year is related to working hours, the employer has set the conditions for its payment, such as setting that "the employee must be registered at the time of the double pay payment at the end of the year, otherwise he will not meet the application conditions".

Originally, the year-end bonus has a certain black-box operation, and the company does this to consider from its own interests; A lot of things can't be measured by whether it's legal or not. If you want to work here, you have to accept this reality; I don't want to mix here, so what are you talking about, let's go!

There are four common ways to distribute year-end bonuses, which one is better? Which way should I choose?

The year-end bonus is not mandatory, and the specific provisions are as follows:

1. The employer is not required to pay the employee a year-end bonus, and the law does not make mandatory provisions in this regard; The law does not stipulate the year-end bonus, but stipulates that enterprises can independently determine their wage distribution methods and wage levels according to their own production and operation characteristics and economic benefits. Therefore, the year-end bonus can generally be stipulated by the enterprise in its rules and regulations in accordance with the law;

2. However, in the case of an agreement between the two parties, it has a certain binding force on the unit, and the year-end bonus must be issued to the employee at this time, otherwise the behavior of the unit will constitute a breach of contract and need to bear certain legal responsibilities;

3. The year-end bonus is a special reward for employees, whether it is issued and the standard of issuance belongs to the scope of the employer's independent management right to a certain extent, and the issuance of the year-end bonus is not a mandatory obligation that the employer must bear

1) Meet the conditions for the issuance of year-end bonuses stipulated in the rules and regulations of the employer;

2) The amount or calculation method of the year-end bonus is clearly stipulated in the labor contract;

3) The employer has made a commitment or decision to pay the year-end bonus to the employee for his or her absence from work.

Legal basisArticle 4 of the Provisions on the Composition of Total Wages.

Gross salary is made up of the following six components:

Hourly wages;

2) piece-rate wages;

c) bonuses; iv) allowances and subsidies;

5) Overtime wages;

6) Wages paid under special circumstances.

If the labor contract signed between you and the company does not have a clear agreement on the enjoyment of the year-end bonus, it depends on whether the rules and regulations formulated by the company have corresponding provisions. If there is a provision, the premise that the regulation is legal is that it does not violate the law, and that it has been formulated through the corresponding democratic procedures and publicized or informed to the employees. The legal rules and regulations make it clear that if an employee who resigns like you cannot enjoy the year-end bonus, you cannot make corresponding requests.

If neither the labor contract nor the company's rules and regulations involve the enjoyment of the year-end bonus, from the perspective of fairness and reasonableness, if you worked in the company for 10 months last year, the company should pay you the corresponding year-end bonus according to the corresponding position. If the negotiation with the company fails, you can apply for labor arbitration to protect your rights.

Legal basis: Article 5 of the Interim Provisions on the Payment of Wages shall be paid in legal tender, and shall not be paid in kind or in place of Yeling currency. The hesitation year-end bonus is in the nature of wages, so the payment of the year-end bonus cannot be offset in kind.

Legal analysis: the form of year-end bonus: *** bonus, such as 13 or 14 salary or more rock fiber commonly used by foreign companies; Variable bonuses, such as performance bonuses based on the results of individual annual performance evaluations and company performance; Red envelopes, the boss decides independently; Other.

The employer independently decides the method of payment of the year-end bonus, and there is no clear provision in the law.

Legal basis: Labor Law of the People's Republic of China Article 46 The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented. The wage level has gradually increased on the basis of economic development.

The state implements macroeconomic regulation and control over the total amount of wages. Article 47 An employer shall, in accordance with the law, independently determine the wage distribution method and wage level of its own unit in accordance with the characteristics of its production and operation and its economic efficiency.

The issuance of the year-end bonus is based on the effectiveness of the enterprise's increase in revenue and expenditure and the employee's excess work as the condition, and is issued after comprehensive consideration of the specific type, and there are three principles.

1. Issued according to the contract.

That is, if there is an agreement between the employer and the employee on the payment standard and conditions for the payment of the year-end bonus, it shall be handled as agreed.

2. Negotiate distribution.

If there is no clear agreement between the employer and the employee on the payment standards and conditions for the year-end bonus, Shuangqiao can negotiate and determine.

3. The principle of equal pay for equal work.

If the employer and the employee have not made any agreement on the standards and conditions for the payment of the year-end bonus, and cannot reach an agreement after negotiation, the payment shall be made in accordance with the principle of equal pay for equal work. In terms of specific calculations, the calculation method of the year-end bonus paid by the enterprise to other or resigned employees of the same type of work, the same position, the same level and the same performance level can be used to make corresponding calculations.

At present, there are three main forms of year-end bonuses issued by enterprises: one is to pay an extra month's salary at the end of the year (this method should be legally defined as year-end double salary); The second is to comprehensively consider the operating income, department performance, and personal performance of the enterprise, so that each employee can get a one-time bonus for the whole year; The third is that the boss gives a "red envelope", and the boss has the final say on whether to give it or not, and how much to give. For the first form, the "year-end bonus" at this time is essentially a year-end fixed salary, and even if the employee leaves early before the end of the year, he can claim to be paid by the employer in proportion to the proportion of working hours, and if the employer refuses to pay, it will constitute arrears or deduction of wages without reason.

For the second form, if the enterprise stipulates that the incumbent employee can only get the "year-end bonus" at the "end of the year", if the employee leaves early, this part of the potential benefits will be lost. Of course, if the enterprise stipulates that all employees can receive the year-end bonus at the end of the year, the employee can claim the corresponding proportion of the bonus if he leaves the company early, but in the event of a dispute, the employee still faces the risk of insufficient evidence to claim the year-end bonus. For the third form, since the year-end bonus depends entirely on the personal willingness of the boss, it is impossible for the employee to get the year-end bonus before leaving the company early at the end of the year.

Provisions on the Composition of Gross Wages

Article 7. Bonus refers to the excess labor remuneration paid to employees and the labor remuneration for increasing income and reducing expenditure. Includes:

a) Production Award;

2) Saving money and envy pants awards;

3) Labor Competition Award;

4) Incentive wages of organs and institutions;

5) Other bonuses.

Provisions on the Composition of Gross Wages

Article 4. Gross salary is made up of the following six components:

1) Hourly wages;

2) piece-rate wages;

c) bonuses; iv) allowances and subsidies;

5) Assign extra work and extra wages;

6) Wages paid under special circumstances.

Provisions on the Composition of Gross Wages

Article 4. Gross salary is made up of the following six components:

1) Hourly wages;

2) piece-rate wages;

c) bonuses; iv) allowances and subsidies;

5) Overtime wages;

6) Wages paid under special circumstances. Deficit Jane.

Provisions on the Composition of Gross Wages

Article 7. Bonus refers to the excess labor remuneration paid to employees and the labor remuneration for increasing income and reducing expenditure. Includes:

a) Production Award;

2) Conservation Award;

3) Labor Competition Award;

4) Incentive wages of organs and institutions;

5) Other bonuses.

Different units have different forms of year-end bonuses, in addition to the general sense of red envelopes, some are dividends, some are "double salary", some are commissions, and some are bonuses. However, the company does not consider it simple when issuing year-end bonuses, and some of the purposes are very clear, that is, to reward employees for their labor in a year.

Legal basisArticle 4 of the Provisions on the Composition of Total Wages.

Gross salary is made up of the following six components:

1) Calculate the hourly wages of the brothers;

2) piece-rate wages;

c) bonuses; iv) allowances and subsidies;

5) Overtime wages;

6) Wages paid under special circumstances.

Article 7 of the Provisions on the Composition of Total Wages.

Bonus refers to the labor remuneration paid to employees for excess limb attack and labor remuneration for increasing income and reducing expenditure. Includes:

a) Production Award;

2) Conservation Award;

3) Labor Competition Award;

4) Incentive wages of organs and institutions;

5) Other bonuses.