How To Safeguard The Rights Of The Employees Who Recover Their Year-End Awards?

The limitation of labor dispute arbitration has two kinds: general and special.

The so-called "limitation of arbitration" refers to "the time limit for applying for arbitration of labor disputes is one year".

The limitation period for arbitration shall be calculated from the date when the parties know or should know that their rights are infringed.

In general, the limitation of labor dispute arbitration is one year after the parties know or should know that their rights are infringed.

The common appeals that do not belong to labor remuneration, such as economic compensation, compensation and notice of payment, are applicable for one year.

However, during the period when the labor relationship has been disputed due to arrears of labor remuneration, the worker's application for arbitration shall not be limited by the limitation period of one year's arbitration. However, the termination of labor relations shall be submitted within one year from the date of termination of the labor relations.

According to the provisions of the National Bureau of statistics on the composition of total wages, the gross amount of wages refers to the total amount of remuneration paid by all units directly to all employees in a certain period of time, including bonus, including production prizes.

For the scope of the production awards, according to the interpretation of the specific provisions of the National Bureau of statistics on the provisions on the composition of wages, it mainly includes overproduction awards, quality awards and year-end awards (labor dividends).

If there is a definite annual bonus in the labor contract or the unit's rules and regulations, the unit should be paid in full and on time.

The ninth provision of the former Labor Department's "Interim Provisions on wage payment" stipulates: "when a labor relationship is terminated or terminated by a labor contract in accordance with the law, the employer shall pay the worker's wages once he terminates or terminates the labor contract."

The seventh section of the "Shanghai enterprise wage payment method" also stipulates: "when the employer or the laborer terminates or terminates the labor contract according to law, the employing unit shall pay the wages of the laborers at once when it is completed with the laborers."

It is impossible for the unit to achieve the purpose of retaining talents by holding the year-end bonus.

Even if the workers do not quit, the unit will conclude that the year-end bonus is not appropriate in May.

According to the "method of payment for wages of enterprises in Shanghai", the employer shall pay wages according to the standard of not less than the minimum wage, and settle accounts at the end of the year-end or assessment period.

As long as the year-end bonus is fulfilled according to the assessment cycle, it should be settled at the end of the year-end or examination cycle.

It belongs to the category of labor remuneration, so it is not subject to one year limitation of arbitration.

In practice, some workers propose to recover the year-end awards. If the company has no objection, labor arbitration should be supported.

However, the Interim Provisions on wage payment stipulate: "the employer must record in writing the amount and time of the wages paid by the employer, the name and signature of the receiver, and keep it for more than two years for reference."

Courts and arbitral bodies can not be too demanding.

Retaining the evidence of the year-end bonus that was paid many years ago, it only requires the employer to give evidence for two years before the date of the dispute. Over this period, the burden of proof is allocated according to the principle of "who advocates and who gives evidence".

It is also necessary to note that the interpretation of the Supreme People's Court on Several Issues concerning the application of the law in labor dispute cases (two) stipulates that the workers shall directly file a lawsuit against the people's Court on the basis of the wage arrears of the employing units, and that the claims do not involve any other disputes in the labor relations, and shall be deemed to be in arrears of labor remuneration disputes and accepted in accordance with ordinary civil disputes.

The unsigned wage list submitted by a worker can be regarded as a bill for arrears of wages, which can be prosecuted directly within 2 years without restriction.

Provisions on arbitration preposition and arbitration prescription.

This kind of dispute that only involves arrears of labor remuneration is no longer a labor dispute, but a category of creditor's rights disputes.

However, the provisions of judicial interpretation apply only to the fact that laborers hold wage arrears or employers admit the fact of arrears of wages, otherwise workers still need to apply for arbitration to the labor arbitration commission before they sue.