Shang Luoyu is also the legal counsel of the bank and is familiar with the bank's laws and regulations, "The bank generally has regulations that you have to work for a whole year, or you can only enjoy it in your unit when you pay a year-end bonus, and the physical outlets in the bank are all small units, which are generally linked to benefits, which depends on the mood of the leader." ”

For example, in addition to the basic salary of this outlet, there are 1 million benefit wages this year, how to distribute the upper and lower levels, whether the leaders take out all of them according to their performance or take out a part of them, what is the proportion of distribution, how much reward and punishment they have, and what is the inclination, and the results are completely different.

Shang Luoyu gave a simple example, even if it is two secondary branches, the same performance and the same personnel, the rewards may be very different.

In addition, the year-end bonus is a bonus issued by each company to employees at the end of the year according to its own profitability, although the year-end bonus is regarded as a part of the employee bonus, but the current laws and regulations do not require the employer to issue the year-end bonus.

To put it simply: look, old, board, heart, love!

In the two labor arbitration cases I received, the courts supported the claims of employees who left their jobs in the middle of the year, even if their rules and regulations stated that they only had year-end bonuses for a natural year of work. ”

Huang Yixi smiled proudly, even if the unit has clear rules and regulations, but legally, according to the principle of equal pay for equal work, labor dispute arbitration institutions or courts will generally support the resignation of employees to get a certain percentage of the year-end bonus, and the same as the resignation of employees, according to the principle of equal pay for equal work, labor dispute arbitration institutions or courts will generally support "new employees" to get a certain percentage of year-end bonuses.

Huang Yixi's Shang Luoyu naturally understands that she is fighting a lawsuit based on the principle that the superior law takes precedence over the lower law, and in the case of a conflict between a normative legal document with higher effectiveness and a normative legal document with lower effectiveness, a normative legal document with higher effectiveness should be applied. This principle applies primarily to norms where there is a distinction between high and low ranks.

Moreover, it can be said that whether it is the "Labor Law", the "Labor Contract Law", the "Regulations for the Implementation of the Labor Contract Law" and the "Detailed Rules for the Implementation of the Labor Contract Law", they are all biased in favor of workers, and the protection of workers is almost 100 percent. To put it mildly, if the company encounters such workers who defend their rights, the boss is the vulnerable group.

However, for honest workers and bosses who are free from the gray area of the law, no matter how sound the law is, it cannot change the result of low execution, such as the system of double rest, many enterprises are unable to do double rest, and most enterprises still guarantee the single rest system for clerical and logistics personnel, but for workshops and other places with low labor technology, most of them stop for two days a month, 10-12 hours a day.

Don't look at the news at the end of each year, there are many positive energy reports on asking for wages, what a certain city or county, hundreds of migrant workers were maliciously owed wages, the labor department learned about it and actively organized forces, and the leaders attached great importance to helping migrant workers to ask for wages, and finally everyone got the New Year's money and went home happily for the New Year!

But there are also many workers who jump off buildings to defend their rights.

It is not only small and medium-sized micro enterprises or workshops that violate the law, many large enterprises are the same, the difference is only the level of means to circumvent the law, such as Li Min's bank, most of the complicated positions such as the cabinet are held by the employees of some talent dispatch companies, and they get performance wages according to the level of the coefficient, as for other enterprises, there are too many workers with only oral contracts, and some large and medium-sized companies will wait until they are going to go public before they begin to formulate or improve the employee compensation system.

Shang Luoyu didn't feel optimistic, "Li Min is not the kind of person who will repay her, she is the same as you, people respect her for three points, and she respects people very much." ”

In this society where harmony is precious, Li Min and Huang Yixi are both gentle people, even Yu Qiu, they have a gap in their hearts, but they are very broad, as long as they don't step on that line, they won't turn their faces.

Huang Yixi didn't understand in his heart, but it was a pity that in China, one judgment and one case were not instructive, and the violators were only legitimate requests for themselves, and the court could not make more judgments, resulting in the cost of punishment for violating the law was too low compared with the huge benefits received.

"It would be nice to be like the United States. Huang Yixi is talking about a case recently reported on the Internet.

In 2018, a dishwasher at a hotel in the United States was fired for refusing to work on Sundays, taking her employer to court. On January 14, 2019, the jury awarded $21.5 million in damages to the dishwasher.

Although there were so many judgments in that case, it was impossible for the dishwasher to actually get that much, $36,000 to pay for wages and benefits, and $500,000 for moral damages. The remaining $21 million is punitive damages, of which she can receive up to $300,000.

In addition to the salary of 36,000 yuan, the personal part of mental damages and punitive damages, she can also get 800,000 US dollars, which is more than 20 times the amount she deserves.

"Our country will not do this, good people work according to their conscience, and they have too many concerns, what they are most afraid of is that no matter if they win or lose, no employer wants this thorn, and the chicken and egg will be empty. ”

Of course, it is not just the thinking of good people, but the difficulty of defending rights, and the change of concept is not only the boss, but even some judges are nothing more than this thinking. ”

Shang Luoyu talked about a case he knew not long ago.

It's a little trouble that the decorator of the gym where he went to work out was encountered.

This designer is a freelancer, that is, he takes over the business by himself, and produces design plans and drawings.

A few months ago, a friend introduced her to a job, which was to make a customer's design drawing for a furniture company, with a salary of 10,000 yuan a month, she thought about it and thought it was okay.

Although it is comfortable to be self-employed, but the business is uneven, waterlogging, drought, it is better to find a company to only work, and do not have to worry about the source of business.

Because it was his first case in this company, the designer spent a lot of thought, traveled several times, or paid for his own business trips, and it took nearly three months before the project was completed.

As a result, the company did not pay a penny.

The designer flipped through the labor law and other relevant legal provisions and went to the labor bureau himself. He asked the Labor Bureau to support more than 20,000 yuan in due salary and travel expenses, totaling more than 30,000 yuan, and at that time he only wanted to get back his due part.

The Labor Bureau seemed that the other party could not summon her, so she was asked to write an arbitration application to the court. Then wait for the coordination, and the other party does not arrive, so let her write a complaint to sue.