Will businesses be punished for not publicizing their Tet bonuses?

(Nguyen Thu Hong, Bac Vinh Industrial Park)

Reply:

Bonus is a policy of the enterprise for employees, which will be decided based on the production and business results of the enterprise as well as the level of work completion of the employee.

Bonus is the amount of money or property or other forms that the employer rewards the employee based on the production and business results and the employee's level of work completion.

1.Enterprises must publicly announce bonus regulations:

According to Article 104 of the 2019 Labor Code, the bonus regulations are decided by the employer and publicly announced at the workplace after consulting with the employee representative organization at the workplace where there is an employee representative organization at the workplace.

Accordingly, enterprises have the right to decide on bonus regulations after consulting with the organization representing employees at the facility.

Whether it is a Tet bonus or a general bonus, the company must publicly announce it at the workplace so thatworkerknown

Enterprises need to publicize their bonus regulations for workers and employees. Illustration photo: Diep Thanh

2. Failure to publicize the bonus regulations will result in a fine of up to 20 million VND.

In case of failure to publicly disclose the bonus regulations in accordance with regulations, the enterprise will be subject to administrative sanctions according to Clause 1, Article 17, Decree No. 12/2022/ND-CP.

Specifically, a fine of VND 5,000,000 to VND 10,000,000 shall be imposed on employers who commit one of the following acts: Failure to publicly announce at the workplace before implementation: salary scale, salary table; labor level; bonus regulations.

Accordingly, if violating, individual employers will be fined up to 10 million VND, while organizational employers will be fined double, up to 20 million VND.

Clause 1, Article 104, Labor Code 2019 stipulates that a bonus is an amount of money or property or in other forms that an employer rewards an employee based on the production and business results and the employee's level of work completion.

3. The law does not specify a specific Tet bonus level.

With the above regulations, bonuses in general and Tet bonuses in particular will be decided based on the production and business results of the enterprise as well as the level of work completion of the employee.

Besides, the law also does not stipulateTet bonusSpecifically, whether to reward or not, reward a lot or a little will be up to the business to take the initiative with its financial resources.

If during the year, the production and business enterprise makes a profit, the employees complete the assigned work and satisfy the conditions for Tet bonus according to the bonus regulations, the enterprise will have to give Tet bonus to the employees according to the regulations. Depending on the financial situation, the enterprise can give more or less bonus to employees.

On the contrary, if the production and business results of the enterprise encounter many difficulties and financial resources are limited, the enterprise is not obliged to give Tet bonuses to employees.

Hoang Huong