Research On The Legal Issues Regarding The Recognition Of Year-end Bonuses For Resigned Employees

With the progress of economic and social development,China has entered a period of "blowout" in the number of enterprises and rapid growth in the demand for employment.In this context,retaining high-quality talents and stimulating the enthusiasm of employees to improve the production and operation efficiency of enterprises has become an important part of the process of enterprise development.Therefore,in order to maximize the motivation of employees,and encourage employees to diligently and responsibly provide long-term service for the company,in addition to the basic salary,combined with the performance of the workers and enterprise benefits to pay additional year-end bonus to the workers of the compensation model has become more and more employers’ choice.At the same time,in judicial practice,there are a large number of different judgments on the issue of early resignation year-end bonus payment.At present,year-end bonus is a common part of salary.However,due to the fact that China’s current effective labor laws and regulations do not make clear the nature of year-end bonus,the court has to compare it with the concept of salary in different normative documents in the process of hearing year-end bonus cases.This has become an important reason for the court’s different opinions in the case of determining the nature of year-end bonus.Based on this,I believe that only by distinguishing the concept of salary in labor normative documents,then exploring the essential attribute of year-end bonus,and distinguishing the salary category adjusted by the "salary full payment rule",can we fundamentally solve the annual bonus disputes that keep appearing in judicial practice.Firstly,this paper studies relevant theories and the concept of "salary" in China’s normative documents,tries to explore the essential attribute of salary and the concept of "salary" in different normative documents,and then discusses the nature of year-end bonus.Then through the empirical study,combined with the relevant data statistics to summarize the judicial practice of the resigned employees there are different views of year-end bonus recognition;Then,by analyzing the causes of the problems in the recognition of year-end bonus in judicial practice,the author analyzesthe legal problems in the recognition of year-end bonus.Finally,on the basis of the above research,this paper tries to provide feasible ideas for the improvement of year-end bonus recognition standards in practice from the legislative and judicial levels,so as to form a more convincing explanation,which is helpful for the reasonable settlement of the year-end bonus dispute cases of resigned employees in China.