As the year-end approaches, the 13th month salary as well as the Lunar New Year bonus is becoming the concern of many workers. However, the true nature of these funds is not understood by everyone.
Lawyer Pham Thanh Huu, Ho Chi Minh City Bar Association recently shared on VnExpress that the current law does not have detailed regulations on 13th month salary, Lunar New Year bonus. Items such as 13th month salary, Lunar New Year bonus are collectively referred to as "bonus bonus", according to article 103 of the 2012 Labor Code.
Whereby, bonus is the amount of money that the employer rewards the employee based on the annual production and business results and the level of job completion. The bonus regulation is decided by the employer and publicly announced at the workplace after consulting with the representative organization of the labor collective at the establishment.
Thus, bonuses in general, 13th month salary, and Lunar New Year bonuses in particular, are not required by enterprises to pay employees. However, in the bonus regulations of the company, there are regulations on the conditions for employees to enjoy the 13th month salary, Lunar New Year bonus, and other bonuses.
For example, the company stipulates that if in 2019 there is a profit growth of 15% compared to 2018, the employee will receive a 13th month salary and an additional Lunar New Year bonus at the rate of one month's salary. As a result, the growth reaches the plan, the company is obliged to pay as "promised".
In an interview with Young Intellectuals, Shark Nguyen Xuan Phu, Chairman of the Board of Directors of Sunhouse once revealed that at his company, employees will have their own 13th month bonus and bonus according to their own profit. "The 13th month bonus is deducted right from the sales, which means this part is always available, the rest bonus according to the profit must have a profit to be rewarded, no one should expect it".
As for many other businesses, the 13th month salary can be considered as a Tet bonus and employees will not receive any other payments.
On the basis of Article 103 of the Labor Code, lawyer Dang Thi Van Thinh, Hanoi Bar Association also said that if an enterprise makes a loss, it is not required to reward, unless there are regulations on bonus. Tet and the 13th salary month.
According to the lawyer, if you want to know if the enterprise violates the confusion between Tet bonus and 13th month salary, it is necessary to consider it in the labor contract, collective bargaining agreement, and bonus regulations of the employer. Is there a separate regulation for each item of labor?
If there is a regulation on the 13th month salary and Tet bonus, but the enterprise only pays 1 of 2 amounts, there is a violation of the law.
"If there are no regulations, the employer's decision on how to reward is based on the employee's job completion level and the enterprise's production and business results."Lawyer Dang Thi Van Thinh said.
According to Young Intellectuals