Can I still get the year -end award after leaving?The Supreme Law Guidance Case is clear

Yangcheng Evening News all -media reporter Dong Liu

Can the employees who have left before the year -end awards be available for the year -end award? Recently, the Supreme People's Court issued the 32nd batch of guidance cases, of which Guidance Case 183 made it clear about this issue.

Employee: Decision to lift the labor contract

In this case, Fangmou worked from January 2011 to the Sino -US United Thai Metropolitan Metropolitan Metropolitan Insurance Co., Ltd. (hereinafter referred to as the "Metropolitan Company"). From the 1st to June 30, 2017, it was agreed that Fang would be a senior manager of the Ministry of Strategy.

In October 2017, the Metropolitan Company adjusted its organizational structure and decided to revoke the Ministry of Strategy. The positions held by Fang were canceled. The two sides started negotiation for nearly two months on changing the labor contract and other matters. On December 29, the Metropolitan Company changed major changes in objective situations, and the two parties failed to reach an agreement on the negotiation of the labor contract, and issued the "Notice of Labor Contract to Lift the Labor Contract" to Fangmou. Fang Mou's decision to dismiss the decision. After the labor arbitration procedure, the prosecution requested to restore the labor relationship with the metropolitan company and ask for the wage difference between the labor contract from August to December 2017 and the 2017 bonus.

The Metropolitan Company's "Employee Manual" stipulates that the year -end bonus is calculated according to the company's performance and employee performance according to the company's policies, provided that the employee has joined the job before October 1 of the year. If employees leave the month or before the bonus is issued, they cannot be enjoyed. According to investigations, the Metropolitan Metropolitan Metropolitan Award Award will be issued around March the following year.

Court: It should be supported when meeting several conditions

The Huangpu District Court of Shanghai did not support Fang's demand for the year -end award in the first trial. After Fang's appeal, in the final judgment of the Shanghai Second Intermediate People's Court in March 2019, it was clear that the Metropolitan company paid the Fang's 2017 year -end award tax of 13,8600 yuan within seven days from the date of effectiveness.

The effective referee pointed out that in this case, the metropolitan company adjusted its organizational structure, and the two parties failed to reach an agreement on the change of the labor contract, resulting in the termination of the labor contract. Fangmou worked at the Metropolitan Company until December 29, 2017, and the two days later, showing that Fangmou had worked for one year in the Metropolitan company in 2017; In the case of performance and other aspects, it can be determined that the house has paid a whole year of labor and fulfilling its duties for the whole year in that year, and has made due contributions to the Metropolitan Company. Based on the above reasons, Metropolitan Company's claim that the Fangmou had left before the year -end prize was issued and could not enjoy the bonus. Therefore, it should be supported for Fangmo's request for the 2017 annual award.

The Supreme People's Court aims to make it clear through this case: "If the workers who leave the employment before the year -end prize claim that the employer pays the year -end award, the people's court shall combine the reasons, departure time, work performance, and contribution of the unit in combination with the employee. Comprehensive consideration. The regulations of the employer stipulate that the workers who leave before the year -end award will not be able to enjoy the year -end award, but the termination of the labor contract is caused by the unilateral negligence or active resignation of the workers, and the workers have completed the annual work task. The unit cannot prove that the working performance and performance of the workers are not in line with the year -end award distribution standards. Workers who leave the employment before the year -end award issued by the year -end award shall advocate that the employer pays the year -end award, and the people's court shall support it. "

The Supreme People's Court has released a total of 32 batches of 185 instructive cases so far, and guidance cases have a reference effect on people's courts at all levels.

- END -