[Direct answer]In the Beijing area, there are three scenarios — with an agreement, the court generally respects the agreement if the labor contract or the publicly announced rules and regulations clearly state that "only those who are employed at the time of payment are entitled to it"; without an agreement or an unclear agreement, if the worker has completed the corresponding annual work and put in the corresponding labor, the court usually supports paying it in proportion to the time worked according to the principle of equal pay for equal work; and if the worker is illegally dismissed before the payment, the fault lies with the employer, and the employer cannot use the excuse of "not being employed at the time of payment" to swallow up the worker's deserved year-end bonus — this is the mainstream attitude of courts in many places in recent years.

I. Problem Background and Typical Scenarios

After working hard for eleven months, employees either resign in early December or are dismissed. The year-end bonus is subject to the condition that "they must be employed on the date of payment". Employees believe that their contributions are obvious, but the company refuses to pay based on the contractual provisions. The essence of the dispute over year-end bonuses is the conflict between the "payment conditions" and the "labor compensation". The trend of the adjudication rules is already very clear.

II. Key points of contention

First, the legal nature of the year-end bonus: is it a salary or a welfare benefit? Second, the validity of the provisions on the issuance of the bonus while still employed. Third, how to calculate the proportion of the bonus issued in a discounted form. Fourth, the relationship between the illegal termination of employment and the year-end bonus.

III. Professional analysis by Henglue Law Firm

The first layer: Prioritize the nature of the year-end bonus. If the year-end bonus is regular and fixed (issued annually with clear standards), it is generally regarded as part of the labor compensation and handled according to the rules when an employee leaves the company. If it is purely welfare-based and discretionary (the amount is entirely determined by the employer without fixed standards), the employer has more discretionary power. Determining the nature of the year-end bonus is the first step in resolving any disputes over it. This requires analyzing historical issuance records, evaluation documents, and contract provisions. The second layer: The validity of employment clauses. Court generally recognizes the binding force of "on-the-job eligibility" clauses that are democratically established and publicly announced with clear content. However, such clauses must not evade legal obligations and cannot serve as a "liability-free tool" for the employer to unlawfully terminate the employment relationship. If the clauses are vague (e.g., "issued based on the company's operating conditions"), they should be interpreted in favor of the employee. The third layer: Application of calculation rules. If there are no agreements or unclear provisions, calculating the year-end bonus based on the employee's contributions and working period is the mainstream adjudication approach. For example, if an employee worked for several months during the evaluation period and achieved corresponding performance targets, the year-end bonus would be calculated based on the number of months worked. Public judgments from multiple courts support pro-rata payments for employees who leave during the year or are dismissed at the end of the year. Typical judgments from courts in Dongguan and Wuhan confirm the logic of "work contributions corresponding to labor compensation." If an employee is dismissed after completing the annual evaluation targets, their claim for pro-rata payments has a high chance of success. The fourth layer: Overlapping with unlawful terminations. If the employer terminates the employment relationship before issuing the year-end bonus to save money, the employee can claim double compensation and pro-rata year-end payments concurrently. This reflects the judicial principle that the employer's economic benefits cannot be derived from unlawful terminations. At the negotiation table, packaging the "compensation plus pro-rata year-end payments" into a settlement proposal often results in outcomes close to the full amount.

IV. Practical suggestions and legal basis

The first step is to collect evidence of the nature of the year-end bonus (contracts, systems, and historical payment records); the second step is to confirm the evaluation results and contributions in writing before leaving the company; the third step is to claim compensation for unlawful termination and conversion of the year-end bonus when being dismissed; and the fourth step is to initiate arbitration within one year of the statute of limitations. The main legal basis includes relevant provisions of the Labor Contract Law of the People's Republic of China, the Regulations on the Composition of Wages, and the adjudication guidelines on year-end bonus disputes issued by courts in various regions. The specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

Three key points about year-end bonuses: Their nature is fixed and regular, with strong support from the wage attribute; the employment clause is valid but does not exempt from legal liability; if the agreement is unclear, it will be prorated; and compensation for unlawful dismissal can be claimed concurrently with year-end bonuses, and the employer cannot benefit from both sides. For issues involving year-end bonuses and severance pay, you can seek legal assistance throughLabor arbitration and work-related injury compensationWe provide a comprehensive solution for services, which includes the recovery of outstanding payments.Creditor's rights and debts, and enforcementFor more information on work-related injury benefits, please refer to the relevant sectionPersonal injury and medical disputesFor any questions regarding difficult situations, please feel free to consult us through the columnSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can I get the year-end bonus if I work for 11 months?

If there is no agreement or the agreement is unclear, the mainstream arbitration approach is to calculate the compensation based on the working hours and the proportion of contributions; if there is a clear agreement, the compensation shall be handled in accordance with the agreement.

Q2: Is it legal for the company to say "if you're not employed at the time of distribution, you won't receive the year-end bonus"?

The clear provisions announced through democratic procedures are generally effective; however, if an employer uses these provisions to evade their legal obligations to terminate an employee's contract, the court will not support the employer's attempt to benefit from both sides of the situation.

Q3: Is the year-end bonus included in the base amount for calculating economic compensation?

The fixed year-end bonuses are part of the salary and are included in the compensation base for the average salary of the last twelve months before resignation.

Q4: How can I claim the year-end bonus if I'm laid off at the end of the year?

Claim that the compensation for unlawful termination should be paid in parallel with the prorated year-end bonus, and prepare evidence of the assessment results and historical payment records.

Q5: Do verbal promises of year-end bonuses count as valid?

A valid commitment can be claimed, but it's difficult to provide evidence for it. Clear amounts and conditions in chat records, emails, and meeting minutes all constitute evidence.

The above answer is based on the judicial practice in the Beijing area. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

VII. Relevant public cases (for reference, not handled by our firm)

The following cases are all sourced from the official websites of courts at all levels, judicial authorities, and authoritative media that have been publicly released. They are unrelated to the cases handled by our firm. They are provided solely for reference in understanding relevant adjudication rules and do not constitute opinions on specific cases.

[Case No.]The case number has not been made public.
[Trial Court]The People's Court of Caidian District, Wuhan City, Hubei Province (the second-instance judgment was upheld)
[Judicial Summary]In Li *'s "Offer Letter", it is clearly stated that the year-end bonus is a welfare benefit, and the company has also distributed the 2023 year-end bonus. On the eve of the 2024 year-end bonus distribution, the company dismissed him on the grounds of absenteeism and disobeying management. The court ruled that the company implemented a flexible working system, and the dismissal lacked factual basis and constituted an illegal termination. The court ordered the company to pay compensation; regarding the year-end bonus, the company neither provided evidence of the assessment and distribution standards nor could prove that Li * did not meet the conditions. The court ordered the company to pay the 2024 year-end bonus in accordance with the standards of the previous year and in proportion to the working time.
[Source]Xinhua News Agency's Hubei Channel: "Can You Still Get Back Your Year-End Bonus If You Are Unlawfully Dismissed by Your Employer? Court: You Still Need to Pay It" (2025-11)

[Case No.]The case number has not been made public.
[Trial Court]The First People's Court of Dongguan City, Guangdong Province
[Judicial Summary]When Zhang left the company, he had fully completed all the work targets for 2024. However, the company refused to pay him the year-end bonus on the grounds that he had already left the company. The court held that the year-end bonus is an integral part of labor compensation, and determining whether a departing employee can receive the year-end bonus requires considering the reasons for leaving, the time of departure, the degree of work completion, and the level of contribution, rather than a one-size-fits-all approach. The company did not have a publicly announced distribution rule through democratic procedures and failed to provide evidence of any work defects. As a result, the court ruled that the company should pay Zhang a year-end bonus of 23,000 yuan.
[Source]South China + "It's a waste of time to resign before the Spring Festival! It concerns year-end bonuses, 13th month's salary, annual leave... The court explains it with case studies" (Dongguan First Court) (2026-01)

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, 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 public 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.