QUY ĐỊNH THƯỞNG TẾT VỚI CÁC ĐỐI TƯỢNG

QUY ĐỊNH THƯỞNG TẾT VỚI CÁC ĐỐI TƯỢNG

     Hiện nay chưa có văn bản nào quy định cụ thể việc “thưởng tết” là bắt buộc. Tuy vậy, pháp luật vẫn có những quy định về chế độ “tiền thưởng” đối với người lao động như sau:

    Đối với cán bộ, công chức: Khoản 2 Điều 12 của Luật cán bộ, công chức 2008: Được hưởng tiền làm thêm giờ, tiền làm đêm, công tác phí và các chế độ khác theo quy định của pháp luật

    Đối với viên chức: Khoản 3 Điều 12 của Luật viên chức 2010: “Được hưởng tiền thưởng, được xét nâng lương theo quy định của pháp luật và quy chế của đơn vị sự nghiệp công lập”

    Đối với người lao động: Điều 103 của Bộ luật Lao động 2012: “1. Tiền thưởng là khoản tiền mà người sử dụng lao động thưởng cho người lao động căn cứ vào kết quả sản xuất kinh doanh hằng năm và mức độ hoàn thành công việc của người lao động. 2. Quy chế thưởng do người sử dụng lao động quyết định và công bố công khai tại nơi làm việc sau khi tham khảo ý kiến của tổ chức đại diện tập thể lao động tại cơ sở”

    Như vậy, cán bộ, công chức, viên chức và người lao động cần căn cứ vào nội dung thỏa thuận trong hợp đồng làm việc, hợp đồng lao động, quy chế nội bộ của đơn vị về tiền thưởng, thỏa ước lao động tập thể và quan trọng là hiệu quả, năng suất làm việc và tình hình doanh thu mà đơn vị quyết định việc trả thưởng cho nhân viên vào dịp Tết Âm lịch.

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VĂN PHÒNG LUẬT SƯ THÁI MINH

Địa chỉ: Số 20, phố Viên, phường Cổ Nhuế 2, quận Bắc Từ Liêm, Hà Nội

Điện thoại: 0981 263 166 / 0916 543 689

Email: Luatthaiminh@gmail.com

 

 

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