A hard year
Are you also looking forward to the year-end bonus?
Ms. Peng from Jiangsu
But due to sick leave, he missed one day of work
Considered by the company not to have "been on the full year"
The year-end bonus cannot be claimed
Related topics rushed to the hot search on Weibo today
At the end of December 2022, Ms. Peng, who works in a company in Liyang, Jiangsu Province, was engaged in logistics work in the unit, and at the end of December 2022, Ms. Peng was infected with the virus and was tested for abnormality by nucleic acid.
Due to the lack of logistics manpower in the company, Ms. Peng still insisted on working when she was unwell, but her condition did not improve during the work process, so Ms. Peng negotiated with the company many times, hoping that the company could arrange manpower to let her rest for a few days, and after several negotiations, the company finally disagreed, and finally on December 29, that is, the penultimate day of the working day of the year, Ms. Peng really could not insist on working, so she resigned from the company.
After Ms. Peng resigned, she thought that she had worked for the company for more than ten years, and there was no credit and hard work, and the company's approach made her chill, so she filed a request for payment of wages, compensation and year-end bonus by way of litigation to the court, and the company replied in the trial: The rules and regulations clearly stipulate that only the full year can be received in January of the second year to receive the year-end bonus of the previous year, Ms. Peng left on December 29, and there is still one day left to be considered the full attendance of the whole year, which does not meet the conditions for paying the year-end bonus, so she is unwilling to pay the year-end bonus.
After the trial of the case, the Liyang Court held that Ms. Peng had been working until December 29 of that year, and that her subsequent resignation was triggered by the need to recuperate due to the new coronavirus, so although the plaintiff still had to work one more day to be considered to be over, considering the factors such as the company should arrange necessary sick leave during the period when the employee was infected with the new coronavirus, it was determined that Ms. Peng could receive the year-end bonus for that year after working for one year.
The news sparked heated discussions among netizens,
Many netizens are on Aunt Peng's side——:
Tian Bao 66: This kind of company is quite common, I want to go to work on January 3rd, because the 1st and 2nd coincide with the New Year's Day weekend, just because these two days, there is no year-end bonus.
Miss Lingshuang: That's how our company ......
J_ Pingfan 12: In fact, in many companies, the year-end bonus is not written in the contract, or it is not a hard and fast rule, and the right of interpretation is in the company.
muller101 said: Isn't this our company? The year-end bonus is issued, and 500 will be deducted for one day less.
Some netizens said that the company's move was too much:
The little daughter-in-law of 17 families: There is no year-end bonus if you miss one day of work due to illness, and this company is too unkind!
Coconut-flavored summer _DW: Aren't the year-end bonus and the attendance bonus the same concept?
Lost Cat 0527: It should be the full attendance award that is deducted for leave! What is the matter with the year-end bonus? It's a bit inhumane! A hard year, it seems to be in vain!
However, some netizens said that since the company had set this rule before, there is actually no problem with not giving the year-end bonus:
Say it if you like it: How to say it... There is nothing wrong with the company, the pre-existing system... It's the same as when I was in school, I couldn't get the attendance award if I took a day off.
Fayebar: If the company really has clear regulations, then there is no way, you should know when you join the company, you can't do it for a day, otherwise it will be unfair to other employees
Judge's interpretation:
Employers should pay attention to the physical and mental health of employees while arranging for employees to participate in work and obey management, respect the rights of employees to rest and leave in accordance with the law during the labor process, and cannot implement rules and regulations mechanically and inflexibly.
Source: News Morning Post, Liyang Law Garden, Litchi News, netizen comments