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anonymous
Q: Annual Leave & 13th Month Bonus
Hello everyone,
I completed my 1 year contract with my company last February 28 and they offered me another 1 year contract. But I have not signed it yet because I still have pending issues that they haven't answered. My department manager would like to speak with me next week and discuss my issues about ANNUAL LEAVE AND 13th MONTH BONUS.
1. ANNUAL LEAVE
Last January I filled a week leave so I can visit my home country but my immediate supervisor said that I don't have an annual leave. She checked with our HR and confirmed that the contract I signed didn't mentioned that I have or entitled to have 5 days annual leave. I didn't argue with them and just let it pass because I already have a ticket. So they considered it as a leave without pay.
2. 13th Month Pay
I asked our HR Department when do they give out the 13th bonus and if I am entitled to it. But didn't get any reply from them.
So now, I sent an email to HR that I wont sign my renewal contract unless it contains my benefits for annual leave and 13th month bonus. My concerns are:
- Does annual leave and 13th month bonus should be specified in the job contract for me to be eligible?
- Isn't it automatic that a company will provide these benefits to their employees?
- How can I tell my manager that I should be entitled to these benefits even if its not stated in my contract?
- Aren't these benefits mandatory for the company?
- My previous company gives 13th bonus equivalent to a 1 month salary, should I ask the same?
Appreciate all your kind help on this matter. Thank you in advance! Cheers!
11 years 7 weeks ago in Business & Jobs - China
Are you saying that you ASSUMED the bonus and leave entitlement are due because that's what the last company you worked with offered?
Are you saying that you want this company to give you those 'entitlements' although they are not stated on the contract?
The word "assumed" can mean: made an ass out of u!
Good luck on wanting something to which you are not entitled.
If you want to stay with this company make sure you negotiate those entitlements in the next contract. In the meantime put your losses down as part of a learning curve.
By the way, this is not a China problem apart from the fact that you are working here. Asking for and not getting benefits that are not written in a contract would sort of apply to every country.
These benefits you described are definitely not mandatory for any company operating in China. The bonus may be somewhat commonplace, but more so for Chinese workers in the form of a hongbao right before the Spring Festival holiday. Annual leave (vacation time) outside of national holidays is less commonplace. DaqingDevil is right, if you want these benefits, you need to get them spelled out in black and white on your next contract. Good luck!
Yes.
No.
Why would you?
No.
Yes, you may ask for anything.
About the only mandatory thing in China is they must allow you to breath air!
I've worked in TLCs for over 2 years and no-one at them (foreign or Chinese) has had paid leave (apart from the public holidays) or bonuses of any kind. You want leave ask for it and it'll be arranged but don't expect to be paid for it. Bonuses, yeah alright (once they pick themselves off the floor they may even open the door for you to walk out of). MAYBE when you get to a third year contract you can expect / hope for paid leave, but bonuses........................
Rule 1. If it's not in the contract it doesn't exist.
Rule 2. If you don't have a Z visa the contract is irrelevant and cannot be enforced.
MissA:
Your company blows.
My contract called for 6,000 in flight bonuses, and several thousand more in performance bonuses over the year The Chinese staff didn't get the flight bonus (obviously...) but they got performance bonuses. We got only a week discretionary holidays, but the Chinese staff got the same.
Hugh.G.Rection:
Two different companies neither offered bonuses. However in their defense I made it plain from the start that as I don't intend to leave China for a long time (and I have no family left in the UK) I preferred an increase in salary to flight tickets, housing allowance etc.
Dude, read your contract! What does it say? If it says you're entitled to annual leave, then fight for it. If not... well you signed the bloody thing.
13th month bonus: well, most places do offer at least a flight bonus. I've seen plenty of advertisements that offer large end-of-contract bonuses, but apparently companies often try to wriggle out of them (late one day? no bonus for you!)
Again, read the contract you signed. Is a bonus mentioned? No? Then you don't get one. Yes? Then fight for it. If it's a deal-breaker for you not to have holiday leave, then don't re-sign, find another job.
You might be entitled to them but that doesn't mean the company will give you them. You've been in China at least a year now, you should know how things work here. I don't have annual leave until I've worked a year, and no one here has 13th month bonus. If it wasn't in your contract before, they ain't going to add it now because you're replaceable with another dumb foreigner who doesn't know about/won't ask about these things. Good luck though
