Is an Employee Entitled to a Lunar New Year Bonus if They Resign in February?
Article 104 of the 2019 Labor Code Stipulates:
Bonuses are money or assets or other forms that the employer rewards the employee based on production and business results, and the level of job completion by the employee.
The bonus regulations are decided by the employer and publicly announced at the workplace after consulting the representative organization of employees at the establishment at places where there is a representative organization of employees at the establishment.
Thus, labor law does not mandate companies to pay Tet bonuses to employees. This is because whether to reward or not will be decided by the company based on annual business results and the level of job completion by the employees. Personally, I find this regulation appropriate, balancing the rights and interests of both parties.
The bonus regulations will also be decided and publicly announced by the company at the workplace after consulting the grassroots trade union or the directly higher-level trade union if the company does not yet have a grassroots trade union.
In case you take leave in February 2021 which coincides with the time near the traditional Tet holiday, whether you receive a bonus or not will depend on your company's decision.
In practice, some companies still pay bonuses to employees who leave during the Tet holiday, because ultimately the bonus is for the work completed over the past year. Best of luck.
Sincerely!
