The most important thing to do business and run a company is to talk about integrity, pay attention to the harmony of wealth, integrity is precious, this is true for both partners and their own employees. For example, in some companies, employees are promised benefits such as annual meeting lottery, and even if the newly hired employees get the biggest awards, the company also needs to fulfill its commitments, which is to be honest.
Ms. Li was previously a front desk worker of a communication equipment company, interviewed this position logistics diligently, and after working in this company for a few months, she ushered in the company's annual meeting. Before the annual meeting, Ms. Li, who had just joined the company for less than half a year, learned through chatting with colleagues and the promotional materials of the company's annual meeting that there were many programs and links in the annual meeting, one of which was the lottery, and the company set up an ultimate prize of up to 110,000 yuan in the prize pool.
After understanding the relevant processes and materials of the annual meeting, Ms. Li also looked forward to the arrival of the annual meeting, fantasizing that if she won this award, she would definitely have a good year. Subsequently, in the usual work, the annual meeting was also completed in the intensive preparations, and as a newcomer to the company, Ms. Li also participated in the company's annual meeting and the lottery. Under the announcement of the host, the list of winners of the grand prize was also announced, and the final winner of the 110,000 yuan grand prize was Ms. Li.
When she heard the result, Ms. Li couldn't believe it, but she still stood on the podium in the envious eyes of her colleagues around her, and the company's management issued her the winning cheque marked "One pick up one million yuan". Ms. Li, who won the award, was very excited, stood on the podium and spoke, expressing her gratitude to the company and working harder to repay the company in the future.
After the meeting that year, Ms. Li did not receive 110,000 yuan of remittances from the company, only 20,000 yuan and a fraction of the 300 yuan that was almost ignored. There are some unknowns about this operation of the company, so Ms. Li asked the relevant person in charge, and the other party said that the money would definitely be given to her, so she waited. Two months later, Ms. Li did not wait for the company to transfer the remaining awards to her, but received a dismissal notice from the company.
Ms. Li, who got the dismissal notice, could not think of her own work in place, so she did not understand the dismissal notice given by the company, but after consultation between the two sides, Ms. Li was still fired from the company. After leaving the company, Ms. Li felt that the company fired herself must be unwilling to pay the remaining amount of the 110,000 grand prize, and deliberately picked her own faults. So she filed a lawsuit with the court, and collected relevant evidence, using the weapon of law to protect her legitimate rights and interests.
Ms. Li submitted the chat records related to her work, the promotional materials of the annual meeting, the flow chart, the video materials filmed on the spot, the labor contract, etc. to the court as evidence materials to support herself, and asked the original company to pay her the remaining bonus. The court tried the case on the basis of relevant evidentiary materials such as the evidentiary materials provided by Ms. Li, and also heard the statements of both parties.
In court, the head of the company said that the 110,000 prize in the annual meeting lottery is not a personal benefit, but a common benefit for all employees and more than 200 people, including the company's partners, and the nature of the 110,000 yuan should be a gift. As for the method of payment of bonuses, the company said that they have their own unwritten rules, stipulating that the winning employees must not get the remaining amount until the end of the year, otherwise the award will be withdrawn.
According to the provisions of the Civil Code on gift contracts, a gift contract is a contract in which the donor gives his or her property to the recipient free of charge, and the recipient expresses acceptance of the gift. Moreover, except in the specific circumstances prescribed by law in the donation contract, the donor may revoke the gift before the donation is carried out. The donor may also attach obligations to the act of donation, and where the gift is accompanied by obligations, the recipient shall perform the obligations in accordance with the agreement.
According to the company, the 110,000 in the annual meeting belong to the gift behavior of the owner of the company's gift to the conference, and there are additional obligations on the award. Ms. Li fulfilled her obligations so they could withdraw unpaid gifts and think they had done nothing wrong.
Based on the evidentiary materials provided by Ms. Li, the court held that the company's claim at the annual meeting that 110,000 yuan was the grand prize in the annual meeting employee lottery, and its nature should belong to the company's benefits paid to employees in a specific way, and under the agreed circumstances, the company's failure to perform its obligations was a violation.
Reward programs, annual meeting lottery, etc. are part of the employee welfare package, which is a way for the company to motivate employees and is protected by law. Moreover, when the company held the annual meeting, it did not state that the award was of a gift nature, nor did it provide relevant evidence about the condition, and the company's statement was too arbitrary and the court did not accept it.
After trial, the court ordered the company to pay ms. Li the difference in the bonus of 89,700 yuan, which should win applause for the court's fair judgment.
At the same time, the company terminated the labor relationship with Ms. Li in an unreasonable manner, which according to article 87 of the Labor Contract Law, if the employer terminates or terminates the labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of this Law.
When she was dismissed, Ms. Li had an employment relationship with the original company for less than six months, and according to article 47 of the Employment Contract Law, the company also needed to compensate Ms. Li according to the wage standard of half a month.
Integrity is one of the most basic principles of doing business, in the annual meeting said that there is a 110,000 grand prize should give every employee the opportunity to win this grand prize, which is integrity and fairness. Some companies do not talk about martial virtue, set various thresholds and conditions in the award, so that employees feel not joy but trouble after receiving the award, which loses the incentive effect of the award for employees, and ultimately has no benefit to the company.