In recent years，my country Securities、Fund、Bank、Insurance and other financial industries introduced regulatory guidelines related to deferred bonuses，Establish a salary mechanism with deferred bonuses as the main form。But，During the specific implementation process of regulatory regulations，Related disputes also appear with this。If the system of financial institutions stipulates or agreed in the labor contract，Once the project is responsible for the project, business risk or resignation，employees will have no right to get deferred bonuses。So，Whether these regulations violate the employment right of workers，Is there any suspicion of restricting the employment of workers? and，Because the overall salary of financial practitioners is high，And it is obviously different from the past labor disputes，This kind of controversy has also become a hot spot in social and attracted attention，It is worth thinking and responding carefully。

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Article 13 in accordance with the "Guidelines for the Management Standards for Salary Management (Trial)"、Article 14，"Interim Provisions on the Management Management Management Management Management Management Management Management Management Management Management Business Operation Management Business Operations"，"Standard Standards for Securities Company (Amendment of 2020)" and other regulations，The so -called deferred bonus refers to the suspension of the salary of the financial practitioners，and distribute it according to its performance and performance on the agreed deferred day。In bet365 best casino games terms of subjects and objects，Most of the subjects applying for the deferred bonus are mostly senior executives and business leaders of financial institutions;，Instead of "bonus" for fixed salary。In terms of deadline and amount，Insurance、Securities、Fund and other industries in industries must not be less than 3 years，And senior managers、Fund manager and other key positions have delayed payment. In principle, no less than 40%of the total bonus is not less than 40%; according to Article 16 of the “Guidelines for Commercial Bank Steady Salary Supervision”，The deferred part of the salary of senior management personnel of commercial banks requires no less than 50%。The reason why this regulation is such，Because financial risks are usually time -stable、Unobstructed，3 years as the purpose of the shortest cycle of the delay payment salary，It is required that executives and other employees to attach importance to compliance operations，To a certain extent, the salary of employees is forced to bind by the business status of financial institutions，Promote its long -term operation status of financial institutions，to achieve the effect of incentive and restraint。

　　There is a tension between the deferred bonus and the protection of the workers

The regulatory regulations of the proliferation bonus are more general，The specific form of the deferred bonus salary mechanism still needs to be settled in detail in the internal rules and regulations and labor contracts。Based on different specifications and positions，The supervision guidelines issued by the financial industry are focused on the Labor Law and the Labor Contract Law，The former cannot be directly become the basis for labor arbitration Bet365 lotto review and the case of the people's court referee。During the practice process，The system design of financial institutions' deferred bonuses often has a certain tension between the protection of workers，Specific performance as the following two aspects。

It one，Defending bonuses and employment options may have conflicts。Most of the financial industry is a light asset industry with highly dense human resources，The most important assets of their high -quality professional practitioners。After the relevant regulatory regulations are issued，Many financial institutions in order to limit the resignation of workers，All stipulated in rules and regulations or labor contracts，The deferred bonus after the laborer leaves will be deducted or even will not be issued。but，Employment options are an important right to workers，Protected by the Chinese Labor Law。"Labor Law" and "Labor Contract Law" clearly stipulate，Workers only need to notify the employer 30 days in advance，You can lift the labor contract。Unless the workers and the employer agreed to be legal、Reasonable service period，Otherwise, the right to leave of the worker is not limited。Defending bonuses that deduct the departure workers，Will seriously limit the employment freedom of workers，The spirit of equal employment rights and career options with the protection of workers "，Obviously violated the existing laws and regulations。Ru (2018) Beijing 0102 Minchu No. 8272 Case，The court thinks，The agreed of the performance bonus system of the employer，The terms of active resignation will actually limit the rights and interests of workers (employment options)，is to avoid the obligations bet365 live casino games and responsibilities that the employer should assume except for the employer，This terms should be invalid。Visible，Defending bonuses cannot be used to limit the freedom of departure of workers。

Its two，Defending bonuses may conflict with labor remuneration right。In practice，Some financial institutions excessively expand the scope of applicable to the prolonged bonus，Actions of workers in daily management mild discipline，It is also used as a condition for deducting deferred bonuses，As a result, more controversy。Related financial regulatory regulations can take measures such as "salary stop payment", "pursuit" and "deduction" for employees who fail to diligence，But the employer cannot deduct the deferred bonus in the case of the minor disciplinary of the workers。Although the employees of financial institutions are high, the salary level is higher as a whole，But the deferred bonus is a deserved consideration for employees to pay before，It belongs to the labor remuneration that should be issued，Cannot be deducted at will。The introduction of relevant regulatory regulations，It is just because the risks brought by the illegal behavior of financial practitioners are lagging，In order to prevent workers from implementing illegal and illegal acts during the job，Only the partial demeanor to be paid was suspended。It is essentially similar to "compliance deposit"，is a specific "guarantee object"，Not any inappropriate behavior is applicable。If the range is easily expanded，It is bound to violate the original intention of legislation stipulated in relevant regulatory regulations，Damage to the right of labor remuneration of workers。such as (2018) bet365 live casino games Jingminshen 2670 Case，Although the court recognizes the issuance of Wang's performance bonus, it needs to meet the conditions prescribed by the unit，But the employer also needs to strictly abide by the relevant provisions of the "labor remuneration right" in the Labor Law when formulating the rules。The reason for deducting deferred bonuses，It should be limited to "illegal law、Within the scope of the act of acting or the main responsibility for the risk caused by the business operation，Mild discipline and simple departure cannot be used as a sufficient condition for deducting deferred bonuses。

　　A balance of delayed bonus and protection of workers

The prize deferred system is a financial institution to promote compliance、Important means to prevent and control risks，But the protection of employees of financial institutions as workers is also not to be ignored。It should be based on the business status of the financial institution，To the greatest extent, the salary of the employees is in line with the corporate performance，At the same time, the tendency to reduce the chance of internal personnel's opportunities。Therefore，Between the proliferation deferred and the protection of the interests of the workers，Balance of interests need to be achieved，Specific measures can be available in the following two measures。

On the one hand，The premise and scope of the application of the prolonged bonus should be clear。When financial institutions formulate deferred bonus rules and regulations or salary systems，The purpose of the system should be soberly realized that long -term incentives and constraints of employees，The specific conditions and standards of the delayed bonus issuance and the specific conditions bet365 Play online games and standards that are not issued。For example，"Key position personnel" stipulated in regulatory regulations，The range is not clear，This needs to be clarified in the terms of the system or labor contract; the deferred bonus is not issued，If the necessary prerequisite for not distributed、Sub conditions，and the specific proportion of the deferred bonus will be lost in the condition that the conditions are not satisfied。In short，Financial institutions must be clear、Objective、In the case of legislative purpose of fully understanding and grasping the prolonged deferred mechanism，Try to combine your actual business situation as possible，Formulate reasonable、Legal rules and regulations and the terms of labor contract，Customized the condition of the related bonus issuance but the condition，Reduce the occurrence of such contradictions from the source。

On the other hand，It should strictly abide by the procedure requirements of the labor law on the formulation of rules and regulations。According to the "Labor Law" and "Labor Contract Law",，The prolonged deferred system involves the direct interest of the employees of the worker。Financial institutions as employers，When formulating a deferred bonus clause, it should strictly follow the requirements of democracy and publicity procedures，Submit the relevant compensation system and discuss with the employee congress or all employees。Related scheme、The comments of the opinions and the valid evidence of equal negotiation with employees、Delay bonus terms pass through publicity or evidence that employees know and agree with relevant specific systems，All should be archived and reserved。

Only do the above two Bet365 app download aspects，Be able to give full play to the effectiveness of the prolonged deferred system，Reasonable reasonable、Legal，Solve related disputes and disputes。

　(Author Unit: Taihe Tai (Shanghai) Law Firm)