Regulations on Bonuses under Labor Law. Terminating the Contract at the End of the Year: Eligibility for 13th Month Salary and Tet Bonus?
Regulations on Bonuses according to Labor Law?
As an employee working in an enterprise, I am very interested in the new regulations on bonuses. I would like to ask: What are the regulations on bonuses according to the 2019 Labor Code? Thank you very much!
Article 104 of the 2019 Labor Code stipulates bonuses as follows:
Bonus is an amount of money or property or in other forms that the employer rewards the employee based on the production and business results and the level of job completion of the employee.
The bonus policy shall be decided and publicly announced by the employer at the workplace after consulting with the employee representative organization at the enterprise in the case where such an organization exists.
Terminating the contract at the end of the year, will I receive the 13th month salary and Tet bonus?
I would like to ask, if my labor contract is terminated in December, will I be entitled to the year-end bonus and 13th-month salary? Thank you.
Article 104 of the 2019 Labor Code stipulates:
Bonus is an amount of money or property or in other forms that the employer rewards the employee based on the production and business results and the level of job completion of the employee.
The bonus policy shall be decided and publicly announced by the employer at the workplace after consulting with the employee representative organization at the enterprise in the case where such an organization exists.
Thus, the 13th-month salary and Tet bonus are not mandatory provisions. When you leave, the company will settle the policies according to the contract, and whether you receive the Tet bonus and 13th-month salary when terminating the contract at the end of the year depends on the company's policies.
Can the annual Tet bonus be in kind?
Can the annual Tet bonus be in kind? I read on several news sites that this is possible. Please clarify this issue.
According to Article 104 of the 2019 Labor Code, this content is stipulated as follows:
Bonus is an amount of money or property or in other forms that the employer rewards the employee based on the production and business results and the level of job completion of the employee.
The bonus policy shall be decided and publicly announced by the employer at the workplace after consulting with the employee representative organization at the enterprise in the case where such an organization exists.
Thus, from the above regulations, it can be easily concluded that the Tet bonus this year does not necessarily have to be in cash. Therefore, enterprises can apply bonuses in kind.
Best regards!
