Can the Company Not Provide Tet Bonuses Due to Covid-19 Difficulties?

If there is no employment contract, can the company refuse to give the Tet bonus citing difficulties due to Covid?

First, regarding the issue of the labor contract.

Clause 2, Article 13 of the Labor Code 2019 stipulates:

Before recruiting an employee, the employer must enter into a labor contract with the employee.

Thus, according to the above regulation, the company not signing a contract with you is inappropriate.

Second, the company does not pay bonuses due to difficulties caused by Covid-19.

Article 104 of the Labor Code 2019 stipulates:

  1. A bonus is an amount of money or property or other forms that the employer rewards the employee based on the production and business results and the level of work completion of the employee.

  2. The bonus regulation is decided and publicly announced at the workplace by the employer after consulting the employee representative organization at the establishment if there is such an organization at the establishment.

Thus, labor law does not require companies to pay Tet bonuses to employees.

Because the decision to give a bonus or not will depend on the company's annual business results and the level of work completion of the employees.

Here, the company cites difficulties due to Covid-19 as a reason for not paying bonuses to employees, which is not incorrect.

Sincerely!

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