[Direct answer]In the Beijing area, there are provisions on claiming year-end bonuses, which mainly depend on three bases: labor contracts, rules and regulations, and historical payment practices. Year-end bonuses paid during the working period (such as those based on annual assessments or calculated proportionally) are part of the labor remuneration, and employees still have the right to claim them proportionally after leaving the company. If the company refuses to pay them on the grounds that "employees must be employed at the time of payment", such a clause may not be supported because it is unfair to employees who have worked the whole year. However, it's much more difficult to claim year-end bonuses that are purely welfare-based and not subject to any rules. In short, year-end bonuses earned through hard work should not automatically disappear after leaving the company.

I. Problem Background and Typical Scenarios

I resigned in November, but the company only distributed the year-end bonus in December, saying, "You're not with the company anymore, so you're not eligible." This is one of the most common labor disputes at the end of the year. From the company's perspective, the year-end bonus is intended to motivate current employees; from the employee's perspective, I've already completed last year's work, so why shouldn't I get the year-end bonus? The arbitrator's position lies between the two, with the focus on how the rules are defined and how much work has been completed.

II. Key points of contention

First, the legal nature of the year-end bonus. Second, the review of the validity of the issuance conditions. Third, the calculation logic of claiming on a pro rata basis. Fourth, the allocation of the burden of proof.

III. Professional analysis by Henglue Lawyers

First, determination of nature: Year-end bonuses fall into two categories - contractual or institutionalized year-end bonuses (those specified in labor contracts, such as the 13th or 14th month's salary, and performance bonuses tied to assessments) are part of labor compensation, so claims based on them are well-founded; purely discretionary benefits (e.g., the company saying "we'll give bonuses if profits are good," with no rules or precedents) fall under the company's operational autonomy, making claims more difficult. First, review contracts and employee handbooks to see if there are rules governing year-end bonuses. Second, validity of distribution conditions: Rules stipulating that "only employees who are still employed at the time of distribution can enjoy the bonus" are not always supported in judicial practice. If an employee has fully performed their duties during the assessment period but loses all eligibility due to resignation at the time of distribution, this clause may be deemed to exempt the employer from liability and preclude the employee's main rights, making it unlikely to be accepted. If the assessment itself requires comprehensive performance throughout the year and the employee's departure prevents completing the assessment, the company's practice of prorating the bonus based on the employee's tenure is more likely to be supported. The common approach in Beijing courts is to balance contributions and rules rather than rigidly supporting either side. Third, calculation logic based on proportions: For bonuses with clear standards (fixed amounts or the 13th month's salary), calculate based on the proportion of worked months to the full year - if an employee resigns after ten months of work, claim 10/12 of the total; for performance-based bonuses, prorate based on the assessment method and actual performance during employment; historical year-end bonus records are the most authoritative reference (e.g., if the company paid three months' salary last year and there are no major changes in the position this year, claim based on historical standards). Fourth, burden of proof: Employees must first prove the existence and standards of the year-end bonus - contract clauses, employee handbooks, historical pay slips, distribution records, and chat records of leaders' promises. If the company claims not to pay or reduce the amount, it must bear the burden of proof for unfulfilled distribution conditions or failed assessments - if the assessment system is not publicly disclosed or there's no evidence of the assessment process, the company's defense will be difficult to establish; taking written materials confirming performance assessments, assessment results, and bonus commitments upon resignation is a critical factor in success or failure of the claim. Fifth, practical timeline: Confirm year-end bonus matters in writing before resignation (specify prorated amounts or explicitly waive claims - it's hard to retract a waiver clause after signing); for claims after resignation, the statute of limitations is one year (from the date of labor dispute arbitration), so don't wait until the end of the year; if negotiations fail, file a labor arbitration claim, combining it with wage and compensation claims to reduce costs.

IV. Practical suggestions and legal basis

The first step is to find the basis: review the rules from three sources, including contracts, manuals, and historical distribution records. The second step is to calculate the proportion: convert the amount based on the proportion of the assessment period during employment. The third step is to preserve evidence: formalize the assessment results, distribution records, and commitment records in writing. The fourth step is to claim rights in a timely manner: apply for arbitration within the one-year statute of limitations and handle the case together with the unpaid wages. The main legal basis includes Article 50 of the Labor Law of the People's Republic of China, Articles 4 and 30 of the Labor Contract Law of the People's Republic of China, and relevant provisions of the Interpretation of the Supreme People's Court on the Application of Law in the Trials of Labor Disputes (I). The specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

Three key points about year-end bonuses: Regulated year-end bonuses are part of labor compensation, and departing employees can claim them proportionally; the terms of employment may not be effective when the bonuses are distributed, so employees shouldn't work for free all year round; and the three pieces of evidence - contract manual plus historical records - with a one-year statute of limitations, so don't delay. For disputes involving year-end bonuses and wages, you can seek legal assistance through the following channels:Labor arbitration and work-related injury compensationWe can provide a comprehensive solution for services, which includes the design of a performance system that complies with relevant regulations.Intellectual property protection and corporate lawFor those involved in the review of resignation documents, you can refer to the following materials for reference.Specialised legal servicesFor reference, you can refer to the section on salary structure arrangementsBusiness and contract disputes in enterprises板块。

VI. Frequently Asked Questions

Q1: Can I still claim the year-end bonus even though it's not specified in the contract?

You can give it a try. The employee handbook, historical distribution practices, and consistent distribution records for the same position can all serve to corroborate the existence and standards of the year-end bonus.

Q2: The company stipulates that if an employee is not on duty at the time of payment, they will not receive the payment. Is this stipulation valid?

This may not be effective. For those who have already worked during the corresponding evaluation period, the clause may not be supported because it excludes the workers' main rights. In this case, they can claim compensation on a pro rata basis.

Q3: What is the conversion rate for the year-end bonus?

The fixed standard is calculated based on the proportion of months worked; the performance-based method combines assessment methods with the evaluation of performance during the employment period to determine the compensation amount.

Q4: If I sign the resignation agreement and give up the year-end bonus, can I still claim it?

It's very difficult. The waiver clause in the resignation agreement is generally valid, unless it can be proven that there was fraud, coercion, or a significant misunderstanding when it was signed.

Q5: Is there a statute of limitations for claiming year-end bonuses?

The statute of limitations for labor disputes is one year, calculated from the date of payment or the date when the employee becomes aware that their rights have been infringed. It is recommended to raise the claim together with the wage dispute.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.