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13 month guaranteed bonus

by PB, Hong Kong, Monday, December 17, 2018, 16:29 (2643 天前)

I have been servicing the company for more than 3 years and pursuant to my employment contract, I am eligible to entitle the guaranteed bonus at year end (13-month). As per company’s staff hand book, it has stated that, person who tends to resign before the 13-month paid-off will not be eligible to entitle for the guarantee bonus. The last working day will be ended early January and I have been informed that I am not eligible to entitle the payment on 31-Dec and such action is complying with the labor law. My question is, as my last working day is beyond the guarantee bonus paid period, is it really abovementioned terms comply with the labor law?

13 month guaranteed bonus

by 勞聯權益委員會 ⌂, Monday, March 11, 2019, 21:34 (2558 天前) @ PB

Thank you for your query. You may simply refer to
Chapter 8: End of Year Payment of A Concise Guide to the Employment Ordinance
https://www.labour.gov.hk/eng/public/wcp/ConciseGuide/08.pdf

Presumption
For every employment contract made after 27 June 1997, it is presumed that an annual payment or annual bonus is not of a gratuitous nature and is not payable only at the discretion of the employer unless a written term or condition in the contract expresses intention to the contrary.

Eligibility for End of Year Payment
An employee is eligible for an end of year payment if he has been employed under a continuous contract for a whole payment period. The payment period shall be the period specified in the employment contract, or a lunar year if it is not specified.

If you last working day is beyond the payment period, theoretically you are entitled to the End of Year Payment.

The abovmentioned viewpoint is only for reference, if you need further assistant, please dial 2779-3766 and contact Ms Yim or Miss Chan or Mr Chu.

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