Can the company arbitrate labor if it does not pay performance bonuses?

You can apply for labor arbitration, and you can also request the company to pay double wages as well as performance pay. The parties applying for arbitration shall collect, fill in and submit the application form to the labor arbitration department within 60 days from the date of occurrence of the labor dispute. The petition should be filled out with a pen in duplicate and should state the time, facts and reasons for the dispute.

And indicate the date of filling, my mailing address, neat handwriting, concise text.

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 21 The Labor Dispute Arbitration Commission shall be responsible for the jurisdiction of labor disputes occurring in the region.

Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. If both parties apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction.

Article 27 Paragraph 1 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

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.

Performance belongs to wages, and disputes can be applied for labor arbitration in accordance with the law.

Yes, in accordance with Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes, this Law shall apply to the following labor disputes between employers and employees 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.

How is the year-end bonus calculated.

1. Double salary system.

The "year-end double pay system" is one of the most common forms of year-end bonus, and most enterprises, especially foreign companies, prefer to use this method, that is, according to the amount of employees' usual monthly income, they will be paid an additional month to several months' wages at the end of the year.

A: 12+1 mode.

The 12+1 method, that is, by the end of the year, the company pays the employee an extra month's salary. This is time-based, and as long as you do it for a year, you can get double pay. However, this method is no longer commonly used in Hong Kong and Singapore.

B: 12+2 mode.

When an employee has served the company for a whole year, the company will pay an additional 2 months' salary as a reward. This is a very flexible approach, and it is generally measured in three aspects: company business indicators, customer indicators and personal indicators. The company's business indicators are scored by achieving the optimal effect at the least cost and obtaining the maximum profit, the customer index is scored by customer satisfaction, and the personal index is scored by the quality and quantity of work completed by the individual.

In general, the company's business indicators account for 10-20% of the double salary, the collective workload accounts for 30-40%, and the individual indicators account for 40-50% of the double salary.

2. Year-end bonus.

In other words, when you work hard individually to complete the work, exert the spirit of teamwork, and complete the company's business goals, you can finally get double pay. This flexible approach has become very popular abroad. It fully mobilizes the enthusiasm of individual employees, carries forward the spirit of teamwork, and contributes to the company.

3. Performance bonus.

This is a variable bonus. According to the results of the individual's annual performance evaluation and the company's performance, the performance bonus is issued, and the difference between the proportion and amount of the payment is reflected. Normally, the distribution rules are public, such as a certain level of target bonus (that is, personal performance and company performance are the corresponding bonuses when the target is achieved) is equivalent to how many months of basic salary (and the higher the level of the person's bonus to the total income of the higher the proportion of the bonus), but the specific performance evaluation results of each person are handled differently by each enterprise, some are open to all employees, and some are not disclosed.

The performance bonus is the employer's own reward system, which is not stipulated in the labor contract law, and can only be performed according to the contract.

No, performance pay is dispensable, unless you have definite evidence to prove that it should not be paid, and this aspect of the employer can be too manipulative.

Non-payment of performance pay can be arbitrated as follows:

1. If a worker has a dispute with the employer due to wage issues, it falls within the scope of labor arbitration and can apply for labor arbitration in accordance with the law to protect his or her legitimate rights and interests;

2. In the event of a labor dispute, the worker may negotiate with the employer, or ask the labor union or a third party to negotiate with the employer to reach a settlement agreement. The statute of limitations for arbitration is one year, but it is not limited in terms of wages.

The effect of an arbitral award is whether the award is binding on both parties and whether its enforcement is guaranteed by the coercive force of the state. According to international practice, the award made by the arbitration commission in accordance with the law is final, and once it is made, it will take legal effect and be binding on both parties, and the parties must unconditionally perform the obligations stipulated in the award.

Legal basisArticle 6 of the Regulations of the People's Republic of China on the Settlement of Labor Disputes in Enterprises.

After the occurrence of labor disputes, the parties should settle them through negotiation; If you are unwilling to negotiate or the negotiation fails, you can apply to the labor dispute mediation committee of the enterprise for mediation; If the mediation fails, it may apply to the Labor Dispute Arbitration Commission for arbitration. The parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

In the process of handling labor disputes, the parties shall not have any behavior that exacerbates the conflict.

Legal analysis: You can apply for labor arbitration, and the performance appraisal should be one of the salary items of the enterprise and be part of the salary. The Labor Dispute Arbitration Law stipulates that disputes arising from wages may apply for labor arbitration.

Legal basis: Article 2 of the Law of the People's Republic of China on the Mediation of Labor Disputes and the Resolution of the Arbitration Chain 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, compensation or compensation for imitation of the ruler;

6) Other labor disputes as stipulated by laws and regulations.