After the bank employees resigned, the original unit was brought to court!result…

A client manager of the Bohai Bank took the initiative to resign after 7 years, but was awarded the 100,000 yuan annual prize by the bank. From the arbitral tribunal to the court, it has gone through a wave of twists and turns.

Recently, the court made a second trial judgment on the case: banks should issue annual performance bonuses.

At the age of 27, Zhao joined the Beijing Branch of Bohai Bank Co., Ltd. (hereinafter referred to as Bohai Bank Beijing Branch) and served as a customer manager. From the beginning of 2014 to the end of 2020, Zhao worked for 7 years in this bank.

On November 30, 2020, Zhao resigned to the bank for personal reasons. The two parties agreed to be canceled on January 8, 2021. However, Bohai Bank Beijing Branch said that due to Zhao's serious violations of regulations and discipline, according to the rules and regulations formulated by Bohai Bank in accordance with the law, it does not need to pay its 2020 final performance bonus. The bank also stated that Zhao did not leave normally, but only proposed to resign in order to avoid liability for violations of regulations and discipline.

Before the pair of books, Zhao applied for arbitration with the labor and personnel dispute arbitration committee of Beijing Xicheng District. 119,000 yuan; Paying Zhao's 2020 performance bonus 100,000 yuan.

Bohai Bank's Beijing Branch did not accept the ruling, and then sued the court of first instance.

The first instance of the Beijing Xicheng District Court made it clear that on January 6, 2021, the Beijing Branch of Bohai Bank made the "Decision on Give Zhao's Warning". The main content was: During the client manager of the branch, he introduced the customer who bought a house to buy a house for the Beijing Branch (hereinafter referred to as Zhanhao Real Estate Company) to the Beijing Branch, and received a commission of 16,300 yuan from Jinke Zhanhao Real Estate Co., Ltd. In accordance with the "Measures for Bohai Bank's Employees' Violations and Disciplinary Actions" (2013 version), "if the employee's personal account and customer account violations occur funds, they will be given a warning to punish."

During the trial, Zhao denied that he had received a decision on punishment.

Zhao said that he did introduce friends to Zhanhao Real Estate Company to buy a house, and the company's introduction to it was a legitimate expenditure. After the Bohai Bank found the money, Zhao reported the situation. At that time, the staff of the Bohai Bank's compliance department called to inform them of the deduction, but there was no other punishment. He returned the money to Zhan Hao Real Estate later. company.

The "Administrative Measures for Employees of Bohai Bank Branch" stipulates that the situation of delayed payment bonuses shall not be issued, including serious negligence and malfeasance; the issuance objects are terminated in advance; Zhao recognized the authenticity of the above system, but he believed that the provisions of not issuing the delayed payment bonus for the active departure violated the law.

The Xicheng Court also stated that Bohai Bank did not issue the 2020 annual performance bonus on the grounds that Zhao's resignation resigned.

However, the court further pointed out that Bohai Bank's credit customers transferred 16,300 yuan to Zhao's personal account in 2017. Although Zhao explained to the customer's commission to buy a house, the behavior has indeed violated relevant regulations.

According to the relevant regulations of Bohai Bank, the Beijing Branch of Bohai Bank has clearly requested that employees are strictly forbidden to participate in the business matters and interests of customers in their personal names; if the employee's personal account and customer account have funding, warnings are given If the "Bohai Bank's Disciplinary and Disciplinary Disciplinary Regulations (2013 Edition)" shall be punished in accordance with the law or in accordance with the rules and regulations of the bank, the Beijing Branch of the Bohai Bank shall be paid to be paid or all extended payment rewards. Therefore, the court believes that the bank's performance bonus is not improper.

In addition, Zhao asked the bank to pay him for the two extension of 24,200 yuan in 2017 and the delay of 11,900 yuan in 2018. According to the total amount and extended payment of payment in 2017 and 2018, the court of first instance in 2017 and extended payment, combined with the computing thin tables, wages and bank flows, and Zhao's corresponding date submitted by the Beijing Branch of Bohai Bank. Bohai Bank Beijing Branch has paid all of Zhao.

The first instance of the Xicheng Court ruled that the Bohai Bank Beijing Branch did not need to pay Zhao in 2017 and 2018 for a total of 36,100 yuan, and there was no need to pay Zhao's 2020 performance bonus.

Zhao was dissatisfied with the first trial judgment and appealed to Beijing Second Intermediate Court. Zhao said that in terms of its disciplinary violations in 2017, the bank had thought that it was not illegal and disciplinary after understanding the situation, and only asked him to refund the fee and conduct deduction. He believes that the Bohai Bank Beijing Branch directly qualitatively qualitatively qualitatively qualitatively qualitatively qualitatively qualitatively qualitatively qualified for his labor relationship in September 2017 is to achieve the purpose of not paying the year -end award and extended payment.

According to the court, the annual performance bonus is an important part of Zhao's salary. Zhao's 2018 annual performance bonus was 98,800 yuan, and the 2019 annual performance bonus was 148,800 yuan. The work of 2020 determines the specific amount, distribution time and proportion of Zhao's 2020 performance bonus. Zhao advocated that the amount of performance bonuses that Bohai Bank's Beijing Branch should pay was 100,000 yuan in 2020, and it was not improper. The court stated that performance bonuses are part of labor remuneration. The performance bonuses that do not issue past labor on the grounds of resignation are neither in line with the principles of fairness, but also contrary to the laws and regulations.

From Zhao's illegal and disciplinary behavior, it was discovered by Bohai Bank Beijing Branch on July 6, 2020, and interviewed it. By the end of 2020, Zhao applied for resignation and the bank department approved resignation. The warning punishment, but two days before the expiration of its work period, that is, on January 6, 2021, the "Decision on Giving Zhao Mou".

The Beijing Second Intermediate Court believes that the bank's behavior obviously violates the Labor Contract Law, so it cannot be determined according to warning. Therefore, the second trial of the court was revoked the second item of the first trial, and the judgment of the Bohai Bank Beijing Branch should pay Zhao's 2020 performance bonus 100,000 yuan.

Source: Interface News. The copyright belongs to the original author.

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