The company did not pay the employee an annual bonus because he resigned of his own accord during the billing period. The employee filed a lawsuit to recover the bonus. Acsour experts reviewed the court case and told how the Ruling of the seventh Court of Cassation of General Jurisdiction dated 05/28/2024 No. 88-8932/2024 affects business.
The essence of the case
The Seventh Court of Cassation considered the case of a pipeliner who resigned of his own accord in August 2022. In September of the same year, he asked his former employer to change the wording to dismissal at his own request due to the need to care for a child, but was refused, since the employment contract had already been terminated.
In June 2023, the employer paid annual bonuses for 2022 to employees, but the bonus was not paid to the retired pipeliner.
The charges brought
The employee decided to challenge the company's decision: the bonus, which was not paid, was part of the salary, according to the employment contract.
The court of first instance collected from the employer an annual bonus in proportion to the time worked in 2022, the amount of which amounted to about 70,000 rubles. But the court of appeal overturned the decision of the first instance, since the company's local regulations state that a retired employee cannot receive a bonus for the current year, except in two cases: if the employee left the organization due to retirement or the need to care for a child.
Court decision
The Court of Cassation sent the case for a new appeal hearing. She noted that dismissal in itself in the billing period is not a reason for non—payment of the annual bonus. The plaintiff participated in the performance of tasks on the implementation of which the payment depends. The Regulation on remuneration provides for the payment of an annual bonus in proportion to the time worked upon dismissal in connection with retirement and child care. However, there are no such grounds for dismissal in the labor legislation. If they are available, the employee resigns of his own free will. The appeal did not assess that the plaintiff has a child, for whom he had the right to resign at his own request.
As a result
If the employment contract specifies that the bonus is part of the salary, the employer cannot deprive the employee of it, even if he leaves. You can deprive of a bonus an employee in cases specified in the company's local regulations: the Labor Code does not specify specific conditions.
Acsour experts have extensive experience in the field of labor law: contact Acsour specialists to effectively develop local regulations and minimize possible labor disputes.
The essence of the case
The Seventh Court of Cassation considered the case of a pipeliner who resigned of his own accord in August 2022. In September of the same year, he asked his former employer to change the wording to dismissal at his own request due to the need to care for a child, but was refused, since the employment contract had already been terminated.
In June 2023, the employer paid annual bonuses for 2022 to employees, but the bonus was not paid to the retired pipeliner.
The charges brought
The employee decided to challenge the company's decision: the bonus, which was not paid, was part of the salary, according to the employment contract.
The court of first instance collected from the employer an annual bonus in proportion to the time worked in 2022, the amount of which amounted to about 70,000 rubles. But the court of appeal overturned the decision of the first instance, since the company's local regulations state that a retired employee cannot receive a bonus for the current year, except in two cases: if the employee left the organization due to retirement or the need to care for a child.
Court decision
The Court of Cassation sent the case for a new appeal hearing. She noted that dismissal in itself in the billing period is not a reason for non—payment of the annual bonus. The plaintiff participated in the performance of tasks on the implementation of which the payment depends. The Regulation on remuneration provides for the payment of an annual bonus in proportion to the time worked upon dismissal in connection with retirement and child care. However, there are no such grounds for dismissal in the labor legislation. If they are available, the employee resigns of his own free will. The appeal did not assess that the plaintiff has a child, for whom he had the right to resign at his own request.
As a result
If the employment contract specifies that the bonus is part of the salary, the employer cannot deprive the employee of it, even if he leaves. You can deprive of a bonus an employee in cases specified in the company's local regulations: the Labor Code does not specify specific conditions.
Acsour experts have extensive experience in the field of labor law: contact Acsour specialists to effectively develop local regulations and minimize possible labor disputes.
