Resignation year end bonus, post employment year end bonus

Hehe, if you want to do a career, you don't have to think too much, you may not be able to achieve anything in the future. If you want to achieve yourself, you don't have to be so hard-working, all the good things are yours, and the entrepreneur is not all stupid!

Besides, looking at your appearance, you don't have much confidence in yourself, if you want to achieve a great career, I will go out now, anyway, I am still young, if I don't have much ambition, it is better to keep to myself, two small dollars, and live a peaceful life.

It depends on the character of your company boss.

Those with good character will be given to you, and those with bad character will not be given to you.

You might as well get the year-end bonus and leave immediately.

The second year's contract has been signed, if you resign before the year, not only do you not have a year-end bonus, you may also have to bear a certain amount of compensation or liquidated damages, it is better for you to wait for the year-end bonus to get your hands on the resignation.

It is impossible to give you an important job just graduated, don't look at the master, start doing it slowly, what you need is work experience, and then amateur charging, and when you are qualified, you will be reused, if you are not important and then jump ship, first solve the current economy is the key, the year-end bonus should generally have, and there is no need to compensate for liquidated damages, as long as you apply for resignation one month before you leave the company, look at your contract and you will know.

It is recommended that you do your current job first, and then resign when you find a suitable new job.

You don't have to tell your boss to resign now, work until the end of the year, and see how much year-end bonus you will be given, and the general salary and year-end bonus will be paid before the New Year. After the money is in hand, you tell the boss that you want to do it. In the process, you can keep an eye out for new jobs and new developments.

Calculated by the time of entry. There is a proportional formula.

This is not necessarily the case with informally managed enterprises.

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.

If you do not want to continue working with the employer, you can submit your resignation to the employer. Resignation needs to be carried out in accordance with the statutory procedures, go through the handover procedures, and do a good job of salary settlement. So, is there a year-end bonus after leaving the job?

Is there a year-end bonus after leaving the job?

1. If the conditions for receiving the year-end bonus are met, the employee has the right to receive the year-end bonus;

2. Disputes over year-end bonuses generally occur between the departing employee and the original company. For enterprises that do not have relevant rules and regulations, the risk of bearing the year-end bonus in labor arbitration is higher.

3. For enterprises that have clearly formulated rules and regulations stipulating that the year-end bonus will not be paid after resignation, it is divided into two situations: first, the employee leaves the company after one year, and the assessment basis of the year-end bonus has been determined, but the employee has left the company when the actual calculation and distribution are made; Second, if the employee has not worked in the company for one year, his request for year-end bonus is mainly based on the proportion of the month of the year's performance. In these two cases, the former situation is more likely than the latter for the employee to request the enterprise to pay the year-end bonus, which is more likely to be recognized by arbitration.

4. However, as long as the enterprise specifically and meticulously stipulates that the year-end bonus does not belong to labor remuneration in terms of attributes, and clarifies that there is no year-end bonus after resignation in the payment conditions, the risk of losing the lawsuit is much smaller.

Resignation procedures

1. If the labor contract has not expired, it is necessary to submit a written resignation application and an application for termination of the labor contract to the department leader one month in advance, and report to the human resources department after the department leader signs the opinion.

2. The human resources department shall report to the department level by level, and after the approval of the general manager and the chairman, the human resources department shall notify the department leaders to arrange the work handover.

3. Employees need to hand over in turn according to the content of the "Departing Employee Handover Form", "Work Handover Schedule" and "Item Handover Sheet", and after the Finance Department settles the loan, the handover party will be regarded as completed after the handover is signed and confirmed by both parties and department leaders.

4. If insurance is involved in the salary, the Human Resources Department and the Finance Department shall handle the insurance liquidation and carry out the procedures for insurance reduction.

5. The human resources department counts the attendance of the month, reports to the superior for approval, and pays the employee's salary on the salary settlement date.

6. The human resources department handles the procedures for the termination of the labor contract and issues the "Certificate of Termination of Labor Contract" to the employee, which is required by the employee to the next new unit.

If you are a probationary employee, you generally only need to apply three days in advance, and the procedures are relatively simple. In addition, it is reminded that if the employee has a personnel file in the company, the file must be transferred to the talent exchange center. If there is already a unit willing to accept the safekeeping, it is also acceptable.

Other forms of resignation, such as the expiration of the labor contract, will not be renewed, and the work handover will be handled normally, and there is no need to apply 30 days in advance.

If the conditions for receiving the year-end bonus are met, the employee is entitled to receive the year-end bonus; Year-end bonus disputes generally occur between the departing employee and the original company. For enterprises that do not have relevant rules and regulations, the risk of bearing the year-end bonus in labor arbitration is higher. If your situation is more complicated, you are welcome to consult with us.

The year-end bonus refers to the uncapped reward given to employees by the enterprise at the end of each year, which is an affirmation of the work performance of the past year, and the amount and form of the year-end bonus are generally adjusted by the enterprise itself according to the situation. A good year-end bonus method should have a good evaluation index, evaluation method, distribution rules and other corresponding systems, which can effectively motivate employees and increase corporate cohesion.

Bonus is a material reward for employees, and should be rewarded if they have excellent performance, outstanding work performance, and have contributed to the development of the enterprise. The first is to recognize the efforts of employees, and the second is to motivate employees to continue to work hard and achieve better work performance. 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 salaries, 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.

The incentives and punishments of human resources should be used separately, and the year-end bonus is a positive incentive-oriented part

1. Enterprises should start from the annual performance objectives to calculate a reasonable annual incentive plan when formulating an annual incentive plan. The incentive plan is to reward the best, and at the same time as the enterprise achieves the goal, the employee gets the performance bonus that he deserves;

2. If there is no incentive plan, it is recommended to average appropriately, if the enterprise benefit is good, the overall is higher, and the benefit is poor, and the overall is lower. Don't open a big gap, it's more dangerous to open a gap without a basis. At the same time, it is very important to follow up the communication with employees, if it is only at the end of the year to pay bonuses, it will definitely bring a lot of passivity to the company.

1. Is it legal for the company not to give year-end bonuses?

The year-end bonus is the remuneration that the company pays to employees in the form of bonuses at the end of the year. As a bonus and encouragement given by the company to employees, the law has no mandatory provisions on the year-end bonus, and if there is no agreement in the labor contract, it is not illegal for the unit not to pay the year-end bonus. Since the year-end bonus is a form of reward, there is currently no corresponding law and regulation that stipulates that the unit must pay the year-end bonus.

Whether and how the year-end bonus is paid depends entirely on the specific agreement between the enterprise and the employee, or is determined by the provisions of the company's remuneration and welfare policy. However, according to the hot spots of workers' complaints in previous years, some companies have turned year-end bonuses into synonyms for overtime wages. In this regard, the labor department reminds that the nature of overtime wages and "year-end red envelopes" is completely different and cannot offset each other.

The relevant laws and regulations clearly stipulate the method of calculating and paying overtime wages, and the payment of "year-end red envelopes" and the amount of them are completely determined by the unit.

If the employee leaves the company at the end of the year, there is generally no year-end bonus. However, if the rules and regulations of the employer provide otherwise, the employee will also be paid a year-end bonus if he or she leaves the company at the end of the year. The specific is determined by the unit according to its production and operation characteristics and economic benefits.

Is there a year-end bonus for resignation at the end of the year?If the employee leaves the company at the end of the year, there is generally no year-end bonus. However, if the rules and regulations of the employer provide otherwise, the employee will also be paid a year-end bonus if he or she leaves the company at the end of the year. The specific is determined by the unit according to its production and operation characteristics and economic benefits.

Is there a legal basis for a year-end bonus for leaving at the end of the year?Article 47 of the Labor Law of the People's Republic of China.

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.

Article 48.

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.

Article 51.

The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.