資料照片

　　2018年3月30日，公司向劉某發出錄用通知書，通知上載明劉某的月薪為稅前4萬元，第一年度獎金為保底稅前30萬元，根據公司KPI考核結果於年終統一核發。劉某於2018年4月2日報到，並與公司簽訂了2018年4月2日至2019年4月30日的勞動合同，勞動合同中約定劉某試用期滿后的月工資為4萬元，獎金及各項津貼、補貼按公司依法制定的勞動報酬、分配製度等規定執行。公司員工手冊中對薪酬構成作了規定，員工薪酬由月薪和獎金構成。獎金分為年度獎金及銷售獎金，銷售獎金主要適用於銷售團隊。年度獎金按年度發放，主要由部門業績及員工個人績效決定，銷售獎金按月發放，年度獎金及銷售獎金不可同時享受。當年度離職且工作未滿一年的員工不享受年度獎金。

　　2018年7月9日，劉某與公司協商一致解除勞動關係，並簽訂了解除勞動合同通知書，公司一次性支付劉某包括經濟補償金在內的款項共5萬余元。

　　之後，劉某向公司所在地的勞動人事爭議仲裁委申請仲裁，要求公司向其支付2018年4月2日至2018年7月9日期間的年終獎折算金額8萬余元。仲裁委對劉某的仲裁請求不予支援。

Liu was dissatisfied and sued the court. The court held that the provision in the employee handbook that employees who leave the company in the current year and have worked for less than one year are not entitled to annual bonuses is an agreement that the company exempts them from statutory liability and excludes the rights of employees, which violates the law and should be invalid. Combined with the agreement of the offer letter and Liu's actual working hours in the current year, the court supported Liu's litigation claim, and the company should pay the year-end bonus according to Liu's actual working hours in the current year.

Dissatisfied, the company appealed, requesting that the original judgment be revoked and the judgment not to pay Liu's year-end bonus in accordance with the law.

★ The focus of the controversy

The Company believes that it is stated in the employee handbook that employees who leave the company in the current year and have worked for less than one year are not entitled to the annual bonus. Moreover, the employee handbook has been publicized to Mr. Liu through the OA system, and Mr. Liu has also recognized that he has seen the employee handbook, so the employee handbook has been effectively delivered to Mr. Liu, and Mr. Liu should comply with the relevant provisions of the employee handbook.

　　劉某則認為，公司在錄用通知書中已明確其工資由每月工資4萬元及保底年終獎金30萬元構成，錄用通知書是由公司單方面發出的邀約，經劉某確認，該錄用通知書已具備了勞動合同的要件，故應當根據工作時間折算支付年終獎。

★ Outcome of the Tribunal

　　二審法院判決，撤銷原審法院民事判決；公司無需支付劉某年終獎8萬余元。

★ Comments.

The offer letter is a unilateral offer, and the signing of a labor contract between the employee and the employer and the establishment of an employment relationship shall be deemed to be the conclusion of the invitation between the two parties. An employment contract is a formal agreement between the employer and the employee that they should perform their obligations and rights based on the employment relationship, which is binding on both parties, and the premise of signing the labor contract is the conclusion of the invitation, which is later than the invitation, so the timeliness and effect of the labor contract are greater than the intention content of the invitation. In this case, the labor contract between the two parties had stipulated that Liu's bonus, allowances and subsidies were to be implemented in accordance with the provisions of the labor remuneration and distribution system formulated by the company in accordance with the law. The employee handbook belongs to the rules and regulations of the employer, so the employee handbook complies with the terms of the employee bonus and other labor remuneration agreed in the labor contract between the two parties in accordance with the company's rules and regulations.

In addition, as a kind of reward, the state does not force employers to pay it to employees. In the absence of a contractual agreement, if the employer's system clearly stipulates that the year-end bonus will not be paid if the performance conditions are not met, the employer's decision on the conditions, amount, time and other specific matters of the year-end bonus will be respected in general judicial practice.

Text: He Yongqiang, photographed by Li Chengxi