Can’t get annual bonus if you take annual leave?The company’s request for a refund was rejected

2022-05-04 0 By

It was the end of the year.Every year to this critical juncture, whether there is a year-end bonus, how much year-end bonus, has become the most concerned about the issue of every worker.For employees’ year-end bonus, some companies have made such a rule: if you take annual leave, you can’t get a year-end bonus.A company in Liaoning province has stipulated in its internal management regulations that employees need to meet the condition of “unused annual leave” in order to receive “year-end rewards” and benefits, according to a judgment published by reference.com.cn.And it’s this rule that ultimately gets the company and the former employee in court.According to the website, a company in Fushun, Liaoning province, formulated an annual bonus and welfare payment management measures at the end of 2015.Its “year-end reward management measures” in the provision: “a, year-end reward distribution scope: 1, because the enterprise business production work needs not to take annual leave.2. Personnel on the job (personnel in the payroll and retirees in the current year).1. My average monthly salary of the previous year will be used as year-end bonus, which will be assessed and calculated in 12 months.2. According to the annual attendance assessment, one month’s amount will be deducted from the accumulated sick leave of one month;If the accumulated leave exceeds half a month, one month will be deducted;Those enjoying annual leave are not subject to these administrative measures.”And “welfare administration measures” in the provision: “…Payment of vegetable and gold (welfare during the Spring Festival) : 1. According to the annual attendance assessment, the payment will be divided into 12 equal parts, that is, if the monthly attendance is less than two thirds, one part will be deducted.2. Temporary workers and probationary staff (subject to the issuing time) will not be issued.3. No payment will be made to retirees (who have left their posts).4. Annual leave will not be granted to those who enjoy it.”In February 2020, Mr. Liu retired from the company.Because he/she did not take annual leave in 2018, the company will pay him/her 3050 YUAN as compensation in the form of “year-end bonus and vegetable gold” (year-end bonus 2550 yuan + Spring Festival vegetable gold 500 yuan).After retirement, he complained to fushun Labor Supervision Bureau, reflecting that the company did not implement the national annual leave compensation problem.Fushun Municipal Labor supervision bureau issued labor security supervision and rectification instructions to the company, ordering the company to not take annual leave employees to change the compensation method, dark supplement for bright supplement.In July 2020, the company paid Mr. Liu RMB 3,172.41 for his “unused annual leave compensation” in 2018.However, the company believes that Mr. Liu has received two compensations for his unused annual leave in 2018. According to the company’s regulations, annual leave and year-end benefits such as year-end bonus cannot be combined.Therefore, the company repeatedly asked Mr. Liu to return the 2018 year-end bonus and year-end welfare, a total of 3,050 yuan, which the latter refused to return.The company believes that implicit or explicit compensation is the way of compensation for not taking annual leave, but it cannot be repeated.The company filed a lawsuit with the Fushun Xinfu District Court, demanding that the court order Liu to return the 2018 “year-end bonus.”The Xinfu District Court of Fushun city made a first-instance judgment in 2021, rejecting the company’s lawsuit.The company appealed to the Fushun Intermediate Court.Court ruled that the company regulations, in violation of the “labor law”, the company reply, according to their retail mall is the largest local residents, except rest every year the Spring Festival, the first to fifth close shop, the mall to open for business, most of the staff so give up vacation time, stick to the work, to ensure the normal operation of mall.For a long time, the company has not implemented the annual leave system.In view of this, the company formulated the “Welfare Distribution management Measures”, “Year-end reward management Measures”, the provision of year-end reward and spring break during the vegetable gold and other benefits, to give a certain amount of compensation to employees who did not take annual leave.According to the content of the company’s defense, the system of “two options for annual leave and year-end reward” has been implemented until now.Mr. Liu has received the compensation for unused annual leave in 2018 twice, that is, twice.Since Mr. Liu has received the explicit compensation of 3172.41 yuan, then, the hidden compensation of 3,050 yuan, belongs to unjust enrichment, should be returned to the company according to law.Mr. Liu believes that the company put forward welfare distribution methods and year-end bonus management methods seriously illegal.Article 5 and Article 7 of regulations on Annual Leave for Employees and Article 10 of Measures for Implementation of Paid Annual Leave for Enterprise Employees provide that when annual leave is not taken, the company shall pay 300% of salary to employees and other benefits shall not be used instead.The benefits such as salary and remuneration for unused annual leave in 2018 that he received are legally obtained.After his retirement, he complained to fushun Labor Supervision Bureau in accordance with the law, which issued rectification instructions to the company after investigation, requiring the company to pay Mr. Liu for his annual leave in 2018.Mr. Liu also mentioned that the company illegally deducted 8,400 yuan from its year-end bonus on the grounds that it had caused adverse effects to the company by complaining to labor supervision in accordance with the law.Mr. Liu sued, and on June 3, the Xinfu District Court ordered the company to pay Mr. Liu the dividend.The court of second instance held that the company bound the employee’s annual bonus and other benefits with the right to annual leave, and had to give up the right to take annual leave if it wanted to obtain the benefits, which violated the basic legal principle of “Labor Law” to protect the legitimate rights and interests of workers, and the purpose of “Regulations on annual leave for workers” to protect workers to enjoy annual leave.Therefore, the appeal that the company compensates for unused annual leave in the form of year-end rewards and welfare is not supported.The court held that the 3,050 yuan that the company had paid to Mr. Liu belonged to the annual bonus in 2018, while the 3,172.41 yuan paid under the order of the Supervision Bureau belonged to the compensation for unused annual leave in 2018, which were completely different in legal nature and significance and did not belong to the situation of repeated payment.Therefore, the company’s appeal request for Mr. Liu to return 3,050 yuan has no factual and legal basis and cannot be supported.In summary, on January 17, 2022, the court of second instance made the final judgment: the appeal was rejected and the original judgment was upheld.Source: Wechat official number of Guangming.com