【職場智慧】4個關鍵要點助你在「辭職」同時「兼得Bonus」 4 key points to help you 'resign' and 'also get a bonus‘
When the season for changing jobs arrives, workers are concerned not only about how to smoothly transition to a new job but also about how to receive the bonuses they are entitled to upon leaving their current position. Online discussions have highlighted instances where workers 'resign immediately after receiving their bonus', which seems abrupt to some people. However, most netizens believe that as long as it involves claiming entitled benefits, there is nothing wrong with it. After all, these are rewards earned according to the spirit of the contract, be it double pay or year-end bonuses, and they are a part of the labour provided. Even though some people might find this practice distasteful, in reality, many switch jobs for better opportunities and are not necessarily ungrateful or disrespectful to the company. Here are four key points to help you 'resign' and 'also get a bonus':
- Understand the calculation of the notice period for resignation:
According to the Employment Ordinance, unless otherwise stipulated in the contract, a notice period of not less than one month is required for resignation after the probationary period. This notice period is calculated by calendar days, not simply 30 or 31 days. For example, if you submit a resignation letter on December 20, your last working day might be January 21. This calculation is crucial for planning your career transition.
- Handle annual leave arrangements:
Although annual leave cannot be used to offset the resignation notice period, you can request to offset unspent annual leave with wages. The calculation is: the number of annual leave days due for the year multiplied by the average daily wage (ADW). Note that ADW calculation should exclude unpaid or partially paid days to ensure the average wage is not reduced. This approach can provide you with extra financial compensation when leaving the job.
- Check contract details about double pay and bonuses:
The Employment Ordinance does not mandate employers to pay year-end bonuses, which entirely depends on the terms of the employment contract. If the contract explicitly stipulates it, then the employer must pay the corresponding bonus. However, if you resign before the end of the bonus distribution period, you may not be able to receive these bonuses.
- Pay attention to the deduction of Mandatory Provident Fund (MPF) when calculating final wages:
If you have worked in the company for no more than 60 days, this is not a concern. If the employer fails to pay final wages within 7 days without a reasonable explanation, this could constitute a legal violation, and you have the right to demand interest on unpaid wages.
Understanding these points can help you be more adept in transitioning between jobs. For every worker, protecting one's rights while smoothly changing tracks is an important step in pursuing better career development.