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#107  Dec 12, 2014    email version

年终奖设定的法律风险

Legal Risks Associated with Annual Bonus

就年终奖而言,是否需要有书面的制度加以规范?年终奖计发的标准如何设定?如何避免年终奖计发过程中的法律风险?

Should there be written regulations to standardize annual bonus payment? What are the criteria for annual bonus calculation and release? How to avoid legal risks relating to annual bonus calculation and release?

  • 年终奖如何发放?
  • How is the annual bonus paid?
  • 提前离职员工是否可以获得年终奖?没有得到年终奖的员工是否可以根据“同工同酬”原则主张应享有与其同岗位其他员工一样的年终奖?
  • Can employees who resign before the end of year get the bonus? And can employees who do not get the annual bonus claim the bonus if it is enjoyed by other employees of the same post, in accordance with the principle of Equal Pay for Equal work?
雇佣动态 / Employment Express
  • 教育部:2015年高校毕业生将达749万

    Ministry of Education: the number of university graduates will reach 7.49 million in 2015

    近日召开的2015年全国普通高校毕业生就业创业工作会透露,2015年高校毕业生将达749万。2014年高校毕业生规模为727万人。

    As revealed on the national conference of employment and entrepreneurship of university graduates in 2015 held recently, the number of university graduates will reach 7.49 million in 2015. In 2014, this number is 7.27 million.

  • 央企负责人基本年薪不超职工薪水2倍

    The basic annual salary of centrally-administered SOE's responsible person should not exceed 2 times of ordinary employee's salary.

    据报道,央企负责人薪酬制度改革方案近日已下发到中央企业,方案规定,央企负责人基本年薪按上年度央企在岗职工年平均工资的2倍确定;绩效年薪根据考核结果,不超过基本年薪的2倍;任期激励则不超过任期内年薪总水平的30%。

    It is reported that the reform plan of remuneration of centrally-administered SOE's responsible person has been issued to related enterprises recently. The plan stipulates that the basic annual salary of centrally-administered SOE's responsible person should be determined as 2 times of the average salary of on-post employee in the previous year. While the performance annual salary should not be more than 2 times of the basic annual salary based on the results of evaluation. The incentive during his/her service should not exceed 30% of his/her total salary of that period of time.

  • 北京:医保账户未封闭管理 仍可随时支取

    Beijing: medical insurance account is not managed in closed manner, from which funds may still be withdrawn at any time

    北京市人力社保局相关负责人近日表示,实现个人账户封闭管理后,不会影响参保人原有医保存折中的资金,该资金仍是参保人自己所有,可随时支取。

    The responsible person of Beijing Human Resources and Social Security Bureau said recently that the closed management of personal account will not affect the funds in the original account, which are still owned by the insured and may be withdrawn at any time.

  • 河南:用工30天内须为职工办社保

    Henan: employer should take out social insurance for its laborer employed for more than 30 days

    河南省人社厅日前下发通知强调,从明年1月1日起,用人单位应当自用工之日起30日内,为其职工申请办理社会保险登记并申报缴纳养老保险费,不按规定办理社会保险登记的,最高面临应缴养老保险费数额的3倍罚款。

    The Human Resources and Social Security Department of Henan Province issued a notice recently, requiring that from January 1st of the next year, employer should apply for its employee for social security registration and pay endowment insurance premium within 30 days after commencement of employment, failing which, employer should be fined up to 3 times of the endowment insurance premium to be paid.

  • 山西:一次性裁员20人以上 要提前30天说明情况

    Shanxi: employer should give explanation 30 days in advance prior to laying off its employees for over 20

    山西省政府下发通知,即日起,企业一次性裁减人员20人以上,或者裁减不足20人但占企业职工总数10%以上的,要提前30天向工会或者全体职工说明情况。

    The Government of Shangxi Province issues a notice, stipulating that employer should make explanation to the trade union or all the employees 30 days in advance prior to laying off more than 20 employees or less than 20 but more than 10% of its employees.

  • 7.9%

    前程无忧日前发布《2015离职与调薪调研报告》。报告称, 2014年员工整体流动性小幅提升,平均离职率为17.4%。2014年企业调薪幅度为8.2%,预计2015年企业薪酬调薪幅度为7.9%,同比有小幅下降。

    51job.com recently released a Survey Report of Resignation and Remuneration Adjustment in 2015. The report stated that the overall turnover of employees in 2014 increased slightly, and the average rate of resignation was 17.4%. In 2014, the rate of remuneration adjustment was 8.2%, and it is estimated that this rate will reach 7.9% in 2015, decreasing slightly on a year-on-year basis.

  • 85.9%

    国家统计局上海调查总队近日开展的调查显示,对于近三年的带薪假期,有43.9%的受访职工全部休完,有42.0%休掉部分,合计有85.9%的受访职工近三年使用过带薪休假。

    Shanghai Survey Team of National Bureau of Statistics recently carried out a survey, showing that 43.9% of the interviewees said that they had taken all of their paid leaves in the last three years, and 42.0% said they had taken a part of them. 85.9% of the interviewees in total said they had used their paid leaves in the last three years.

  • 76%

    最近发布的一份“最受员工欢迎的福利TOP10”显示,住房补贴位居第一,76%的员工认为它是最重要的补贴型福利内容。

    A list of Top 10 Most Favorite Employers in Welfare recently released shows that housing allowance occupies the first place and 76% of employees consider it the most important form of welfare.

  • 84.6%

    全国青少年研究中心最新发布的研究报告指出,84.6%的人在求职过程中被拒绝过。其中,“缺乏工作经验”是首要问题,“专业不对口”排在其次,“缺少面试经验”排在第三。

    A survey report released by the National Youth and Children Research Center shows that 84.6% of people have been refused during applying for a job. "Lack of working experience" is the primary reason. "Inconsistence between major and work" is the second reason. And "lack of interview experience" is the third reason.

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