年关将至,年终奖的发放成为员工关心的话题。不久前,浙江高院官方微信通报几起与年终奖相关的劳动纠纷案件。法院建议,用人单位应依法诚信用工,在年终奖上不能肆意“揩劳动者的油”。劳动者在入职时,应该将工资(包括年终奖)标准、发放情况等事宜写入书面的劳动合同,同时注意保存相关证据,出现问题时,可以第一时间与用人单位进行沟通。

At the end of the year, the award has become a topic of concern to employees. Not long ago, Zhejiang High Court official WeChat reported several cases of labor disputes related to the annual bonus. The court suggested that employers should employ workers in good faith according to law, in the annual bonus cannot wantonly \"wipe the oil of workers.\" At the time of entry, the worker should write the salary (including the annual bonus) standard, the payment situation and so on into the written labor contract, at the same time pay attention to the preservation of relevant evidence, when there is a problem, can communicate with the employer at the first time.

  年终奖是用人单位根据自身的经营状况,通过其内部规章制度规定或劳动合同约定或其他方式,在年终时由用人单位向劳动者发放的奖金。由于没有写进法律规定,这是用人单位自主决定的范畴,可以选择发与不发。但对于劳动者而言,年终奖不仅仅是一种物质奖励,更是一种精神肯定。盘点市面上那些比较受欢迎的企业,普遍将年终奖作为一种激励手段,以劳动合同、口头约定等形式确定了它,在这样的情况下,如果以经营不善、员工辞职以及实物发放等种种理由,拒绝发放本该属于员工的年终奖,那么就有违法之嫌,需要掰扯掰扯了。

The annual bonus is the bonus paid by the employer to the laborer at the end of the year according to its own operating condition, through its internal rules and regulations or labor contract agreement or other means. Because did not write into legal regulation, this is the category that unit of choose and employ persons decides independently, can choose to send and not send. But for workers, the annual bonus is not only a material reward, but also a spiritual affirmation. Taking stock of the more popular companies in the market, the annual bonus is generally used as an incentive to determine it in the form of labor contract, oral agreement, etc., in such cases, if the employee refuses to pay the annual bonus which is supposed to belong to the employee on various grounds such as poor management, employee resignation and physical payment, then there is a suspicion of breaking the law and need to talk about it.

  以媒体的报道情况来看,由于每个人、每个单位的情况不同,是否发放、如何发放、发放多少年终奖,存在不少的困惑。譬如,很多用人单位每月暂扣一定比例工资,到年底时一并发放,如果考核不达标还会扣罚。这是一种典型的违法行为,《工资支付暂行规定》明确规定工资需要月结,“先扣后返”混淆了工资性质,属于未及时足额支付劳动报酬的情形。此外,一些单位的发放规则很奇葩,有的直接发放公司产品却以工资抵扣,有的“以酒量决定年终奖”,有的将“年会抽奖”等同于年终奖发放,这都是套路,纵能成功也留不住人心。

According to the situation of the media, there is a lot of confusion about whether to issue, how to issue and how many annual awards due to the different situation of each person and unit. For example, many employers withhold a certain proportion of monthly wages, to the end of the year together with the payment, if the assessment is not up to the standard will also be punished. This is a typical illegal act, the Provisional Regulations on the Payment of Wages clearly stipulates that wages need to be paid monthly,\" first deduction and then return \"confused the nature of wages, belong to the situation of not paying the remuneration in full and on time. In addition, some units of the rules are very strange, some direct distribution of company products but pay deductions, some \"by the amount of alcohol to determine the year-end award \", some\" annual lottery \"equivalent to the annual bonus, this is a routine, even if the success cannot remain popular.

  还有一种常见的问题,因未干满一年、年底辞职、休产假等各种原因而未能拿到年终奖是否合理?这就需要具体情况具体分析了。如果年终奖只是公司的额外福利,用以奖励员工的忠诚,那么离职员工的确可以忽略;但如果它明文规定写进了劳动合同,员工就可以理直气壮向用人单位说“不”,拿起法律武器依法“讨薪”。还要注意到,一些公司不是不发年终奖,而是以迟发的形式“留人”,这就有点自欺欺人了。良禽择木而栖,如果一个企业各方面做得很好,自然就有感召力。如果做不好还玩各种花样,岂不是更加寒了员工的心?

There is also a common question as to whether it is reasonable to fail to receive an end-of-year bonus for reasons such as not having completed one year, quitting at the end of the year, and taking maternity leave? This requires a specific analysis of the situation. If the end-of-year bonus is just a bonus to the company's loyalty, then the departing employee can really ignore it; but if it is explicitly written into the labor contract, the employee can say \"no\" to the employer with the right to say \"no\" and take up the legal weapon to \"ask for salary\" according to law. It's also a bit self-delusion to note that some companies don't pay year-end awards, but instead \"keep people\" in the form of late payments. Good birds choose wood and live, if an enterprise does well in all aspects, naturally has the appeal. If do not do well also play all kinds of tricks, is not more cold the heart of the staff?

  如何避免年终奖相关劳动纠纷?首先,用人单位内部规章制度不能违法。如果为了增强吸引力而向劳动者承诺了年终奖,那么就应该依法制定规章制度来明确年终奖等奖金的发放范围、条件、标准、时间及方式等,使奖金的发放更加合情合理合法。其次,劳动者也要敢于大胆维权,对自己关心的一些条款要主动询问,保存相关证据,一旦出现纠纷就可以与用人单位沟通,协商不成也敢于寻求法律途径解决。最后,劳动监察部门也应加大监管力度,督促企业合理运用激励机制,帮助员工维护合法权益,别让年终奖成为一个“讨薪”难题。(扶青)

How to avoid year-end bonus related labor disputes? First of all, the employer's internal rules and regulations cannot be illegal. If the annual bonus is promised to the workers in order to enhance the appeal, then the rules and regulations should be formulated according to law to clarify the scope, conditions, standards, time and manner of bonus payment, so as to make the bonus payment more reasonable and legal. Secondly, workers should also dare to boldly protect their rights, to their own concern for some of the provisions of the active inquiry, preservation of relevant evidence, once disputes can be communicated with employers, consultation is also dare to seek legal channels to resolve. Finally, the labor supervision department should also strengthen the supervision and urge enterprises to use the incentive mechanism reasonably to help employees protect their legitimate rights and interests, so as not to let the annual bonus become a \"pay-seeking\" problem. (Youth)


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