On the issue of performance based pay, whether the performance based pay is reasonable

It is possible to receive performance pay. Generally, employees above the supervisor level of the company receive performance wages on a quarterly basis, that is, performance wages are paid once every three months as you mentioned above, but the difference is that the general company will pay them together with the salary, that is, on April 10 or 15, when the March salary is paid, together.

The results of January, February and March are issued together.

It is said that an employee submitted an application for resignation on April 2, and according to the provisions of the labor law, "the labor contract can be terminated by consensus of the parties to the labor contract", since the company's leaders have approved and completed the resignation procedures, it can be determined that the two parties have reached an agreement through negotiation and confirmed that the labor contract can be terminated, then they should get performance pay. Legally, all wages should be paid on the day of resignation, but in terms of general practice, for the above situation, when the salary is paid in April, you will get the performance of the above three months and the salary in March, and in May, you will get the salary for the number of days you worked in April. Because the resignation was made in April, the above three months were indeed full days.

If you want to seek legal remedy, you must first look at what parts of your performance pay are made up, and whether it is divided into basic performance pay and incentive performance pay. The basic performance salary should be issued to you, if the business salary is not completed, the relative reward performance salary will also be deducted, however, every month or every quarter you will have a "performance appraisal form", you must have a copy signed by the superior supervisor here, and the salary slip when the above performance salary is paid can go to the labor department for arbitration, of course, the arbitration is too hurtful and angry, and it will also have an impact on the future workplace, so it is recommended that you try to negotiate with the company first, if the negotiation is not good, There is only arbitration.

It should be issued, and you can find labor arbitration.

The relationship between your job responsibilities and the goals of the unit has weakened, and one possibility is that the unit as a whole adjusts the salary ratio; Another possibility is that the importance of the job has declined.

Performance-based salary: A system in which remuneration income is linked to performance.

Legal Analysis: There is no such thing as unreasonable performance-based pay. According to the agreement, if the employment contract does not stipulate that there is a performance pay, there is no performance pay.

Wage payment mainly includes the item of wage payment, the level of wage payment, the form of wage payment, the object of wage payment, the time of wage payment and the payment of wages under special circumstances. Performance pay is generally determined based on the performance appraisal results of the core functions of the position, and is generally determined by multiplying the performance salary base by the coefficient set by the performance appraisal.

Legal basis: Article 62 of the Labor Contract Law of the People's Republic of China The employer shall perform the following obligations:

1) Qizhi implements national labor standards and provides corresponding working conditions and labor protection;

2) Inform the person who is dispatched to Lawson of the job requirements and remuneration for his or her work;

3) Pay overtime pay and performance bonuses, and provide job-related benefits;

4) Conduct the necessary training for the dispatched workers on the job;

5) In the case of continuous employment, the normal wage adjustment mechanism shall be implemented.

It mainly reflects the actual performance and contribution of the staff. The State shall regulate and control the total amount of performance-based wages in public institutions and provide policy guidance. Public institutions shall independently distribute the total amount of performance wages approved in accordance with the procedures and requirements of the Jianshutong Specification.

Allowance and subsidy: 1. Allowance for hardship and remote areas:

Mainly according to the differences in natural geographical environment and social development, appropriate subsidies are given to staff working and living in difficult and remote areas. The hardship areas of Chongqing Municipality are as follows: Qianjiang County, Wulong County, Wushan County, and Yunyang County; The second-class areas include Chengkou County, Wuxi County, Fengjie County, Shizhu County, Pengshui County, Youyang County, and Xiushan Bihui County.

The assessment of hardship and remote areas shall be adjusted every five years according to the development and change situation.

2. Special post allowance subsidy:

Special post allowances and subsidies shall be implemented for personnel working in hardship, dirty, tired, dangerous and other special positions, and the state shall uniformly formulate the items, standards and scope of implementation of special post allowances.

Article 47 of the Labor Law of the People's Republic of China stipulates that 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.

Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed.

Legal Analysis: Section 1.

First, the purpose is different. The purpose of performance-based pay is to constrain, and the purpose of bonus is to incentive. The essence of performance pay is the "post value deposit", which splits the basic salary corresponding to the employee into two parts, one part is paid as a fixed salary, and the other part is paid as a performance salary according to the employee's individual performance adjustment.

The essence of the bonus is "enterprise performance dividend", that is, from the excess part of the enterprise's performance target, take out a rough amount of performance bonus, and distribute it to the employees of the enterprise differently.

Clause. Second, the weight ratio is different. The weight of performance-based pay generally ranges from 20% to several times the "basic salary". The bonus generally has no weight ratio limit, and there is no upper limit, which generally depends on the performance or efficiency of the enterprise.

Clause. 3. The composition of the key items is different. Performance-based pay is a regular item, and bonuses are non-regular.

Performance pay according to the performance of the department and the post, there is a certain range of range, not whether there is a problem, is more and less of the problem, and the bonus is an additional way of payment for the enterprise, depending on the efficiency of the enterprise, can not reach the predetermined performance objectives or the overall economic benefits of the enterprise cracked group is not ideal.

Fourth, the hook has a different emphasis. Performance-based pay is more related to individual performance and is directly affected by the fluctuation of individual performance, while performance-based bonus is intended to attract employees to pay attention to the overall performance of the enterprise, which is mainly affected by the overall performance of the enterprise.

Legal basis: Labor Contract Law of the People's Republic of China Article 62 (1) Implement national labor standards and provide corresponding labor conditions and labor protection;

2) Inform the dispatched worker of the work requirements and remuneration;

3) Pay overtime pay and performance bonuses, and provide benefits that are in line with the job;

4) Conduct the necessary training for the dispatched workers on the job;

5) In the case of continuous employment, the normal wage adjustment mechanism shall be implemented.

The employer shall not re-dispatch the dispatched worker to another employer.

Regulations on the Personnel Management of Public Institutions" Article 32 The State shall establish a wage system for public institutions that combines incentives and constraints.

The salaries of staff of public institutions include basic salary, performance salary, and allowances and subsidies.

The distribution of wages in public institutions shall be combined with the characteristics of different industries and public institutions, reflecting factors such as job responsibilities, work performance, and actual contributions.

According to Article 4 of the Labor Dispute Mediation and Arbitration Law, in the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement. Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, the negotiation fails, or the Yin Xiao family does not perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Legal basis: Article 4 of the Law on Mediation and Arbitration of Labor Disputes.

Legal analysis: In the event of a labor dispute, the employee may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement. If the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation.

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 the provisions of the state, pay the labor remuneration to the workers 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.