Can A One-Off Bonus For Family Planning Be Resolved In Litigation?

In recent years, with the implementation of the national family planning policy workers have reached the age of retirement, the family planning award has a group trend of increasing year by year.

Whether such cases can be settled through litigation is directly related to the implementation of family planning policy, workers and retirees.

Vital interests are also related to social harmony and stability.

Events:

Retirees advocate one-off.

Disputes on family planning Awards

After a number of employees of an installation company retired, they have advocated the one-off family planning bonus (Hebei province stipulates not less than 3000 yuan). The unit has always refused because of poor efficiency and not mandatory performance obligations.

The workers then applied for labor arbitration to the labor dispute arbitration committee, and the arbitration was ruled not to be accepted on the ground that it did not fall within the scope of the case.

The workers also filed a civil lawsuit against the court.

After hearing, the court supported the demands of employees, and ordered the installation company to pay 3000 yuan per worker's family planning incentive fee within 15 days.

Statement:

The law does not stipulate family planning.

Bonus disputes do not belong

It is not only sufficient legal basis for the dispute of family planning award to be accepted as a labor dispute case and substantive judgment, but also conducive to safeguarding the legitimate rights and interests of workers and social stability.

The twenty-seventh articles of China's "population and family planning law" and the thirtieth section of the regulations on population and family planning of Hebei province clearly stipulate that family planning bonus is the legal obligation that a unit should pay, and it is mandatory and does not take the unit economic benefits as an exception.

In terms of nature, family planning rewards metal for the welfare benefits of workers.

Its legal basis is the existence of labor relations between the laborers and the employing units, so its fundamental nature is the welfare benefits enjoyed by labourers in the labor process, which is in line with the application scope of the second article of the labor dispute mediation and arbitration law.

China's laws, regulations, local rules and regulations do not stipulate family planning bonus disputes are not labor disputes.

The interpretation of the Supreme People's Court on Several Issues concerning the application of laws in labor dispute cases (two) also stipulates clearly that six disputes do not belong to labor disputes, and there is no stipulation that family planning bonus disputes do not belong to labor disputes. The seventh article also provides a clear definition of labor disputes.

If the family planning awards are excluded from the scope of labor dispute cases, workers will not be able to bring civil or administrative litigation to the defendant in the family planning department, nor can they bring civil action to the defendant with the employer.

Predicament.

At the same time, the labor dispute cases have limitation of arbitration, and the retired workers who are over the time limit will not be able to achieve the right to sue.

And family planning bonus does not belong to wages and economic compensation, no additional economic compensation is required, so the family planning bonus dispute as a labor dispute case will be heard and decided, and it will not increase the burden of enterprises.

Related links:

As the only child's mother, when Liu retired, the enterprise did not pay its one-off pension subsidy. Recently, the court made a judgment and recovered justice according to law.

Liu is a member of a company in Ji'nan. Liu's only son was born in November 1974.

At that time, the Revolutionary Committee of Lixia District of Ji'nan issued a one-child certificate for Liu.

In July 2007, Liu handled the retirement formalities in the company.

In September 17, 2012, Liu complained to the labor and personnel dispute arbitration committee of Licheng District, Ji'nan, and asked the company to pay 5709.6 yuan for the one-child pension of the only child when it retired in July 2007.

After accepting the Arbitration Commission's acceptance, Liu's request did not fall within the scope of the labour dispute, and the decision was not accepted.

In the trial, Liu claimed that he would go to the company every year to pursue the one-child pension allowance, but it failed.

The court held that the legitimate civil rights and interests of enterprise retirees are protected by law.

Liu Mouyuan is a staff member of the company. He fulfilled his labor obligations before he retired. The company should pay the relevant treatment that Liu should enjoy in accordance with relevant laws and regulations.

The regulations on population and family planning of Shandong clearly stipulate that the only child parents are employees of enterprises. When they retire, they will be given a one-off pension allowance from 30% of the average annual wages of their employees in the last year.

The population and family planning policy is China's basic national policy. The implementation of the above subsidies is of great significance for relieving the worries of retired employees, maintaining social stability, improving the guiding mechanism for family planning interests, and promoting the healthy development of population and family planning work.

Liu retired in July 2007, and the company should pay 5709.6 yuan for the one-child retirement pension in accordance with the average wage of 19032 yuan in the 2006 year of Ji'nan in the year of 30%.

According to this, the court verdict: the company limited to pay a one-time grant of a one-time pension grant of 5709.6 yuan.

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