Can I enjoy the year -end award before the year -end prize release?Supreme legal guidance cases clearly make it clear

Recently, the Supreme People's Court issued the 32nd batch of guidance cases of the legitimate rights and interests of laborer for the people's courts at all levels. This includes a case of labor disputes involved in the year -end award. The case clarifies that although 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, the termination of the labor contract is due to the unilateral negligence of the workers or the active resignation of resignation. When the worker meets the annual year -end award distribution standard, if the worker advocates that the employer pays the year -end award, the people's court shall support it.

案情显示，房玥于2011年1月至中美联泰大都会人寿保险有限公司（以下简称大都会公司）工作，双方之间签订的最后一份劳动合同履行日期为2015年7月1日至On June 30, 2017, Fang Yan was agreed to serve as 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 Yan 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 Fang Yan.

Fang Yan refused to accept the decision. After the labor arbitration procedure, the prosecution requested to restore the labor relationship with the metropolitan company, and demanded that the wage difference between the labor contract was doubled 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. The premise is that the employee has joined the employee before October 1 that year. enjoy. According to investigations, the Metropolitan Metropolitan Metropolitan Award Award will be distributed around March the following year.

The People's Court of Huangpu District, Shanghai made a civil judgment on October 29, 2018: Metropolitan Company paid the plaintiff Fang Ye from the date of effectiveness from the date of effectiveness of the judgment. 192500 yuan; Fang Yan's other litigation requests were not supported.

Fang Yan was dissatisfied and appealed to Shanghai Second Intermediate People's Court.

The second trial judgment of the second intermediate people's court in Shanghai to maintain the metropolitan company payment of the Metropolitan company made by the first instance court. Fang Yan's 2017 year -end award tax was 13,8600 yuan before tax.

The court's effective referee believes that the focus of the controversy in this case is that the employer has changed major changes in the termination of the labor contract based on the objective situation, resulting in whether the worker can obtain the corresponding year -end award when the workers do not meet the requirements of the year -end award issuance stipulated by the employee manual.

In this regard, the court of first instance believes that the Metropolitan company's "Employee Manual" clearly stipulates the bonus issuance situation. Fang Yan left the company before the Metropolitan company issued the 2017 bonus and did not meet the bonus issuance. The request is not supported.

After the trial, the court of second instance believed that the current laws and regulations did not force the annual final award to be issued. The employer has the right to independently determine whether the bonus is issued, issued and distributed standards based on the operating conditions of the unit, the performance of the employee's performance, etc.

However, the distribution rules formulated by the employer should still follow the principle of fairness and reasonableness. Whether the workers who have resigned before the year -end award can get the year -end award, the reasons, time, work performance, and contribution to the unit should be combined with the departure of the workers. Comprehensive consideration of factors in various aspects.

In this case, Metropolitan Company adjusted its organizational structure, and the two parties failed to achieve an agreement on the change of labor contracts, resulting in the termination of the labor contract. Fang Yan worked at the Metropolitan company until December 29, 2017, and the two days later, showing that Fang Yan had worked for a year in the Metropolitan Company in 2017; In the case of performance and other aspects, it can be determined that Fang Yan has paid a whole year of labor and fulfilling his duties for the whole year, and has made his due contribution to the Metropolitan Company.

Based on the above reasons, Metropolitan Company's claim that Fang Yan had left before the year -end prize issuance month lacks rationality. Therefore, the annual award of the Metropolitan Metropolitan Company should be supported by the Metropolitan Metropolitan Company. Bleak

(Source: Workers Daily Client)

- END -