夜雨聆风A saleswoman in Xiamen, Fujian Province, was denied a 150,000 yuan performance bonus after her employer cited her romantic relationship with a colleague as a violation of internal policy.
The employee, identified as Jiang, contributed to the company annual sales exceeding 2.8 million yuan and ranked second in the company's performance standings, qualifying her for a 150,000 yuan car purchase bonus. However, the company refused to pay.
-Violation of the "no office romance" rule
Jiang was in a relationship with a colleague in the same department, which the company claimed breached its internal law.
-Early resignation
Jiang submitted her resignation before the May bonus distribution date.
-Failure to provide car purchase receipts
The company argued that the bonus was conditional upon submitting proof of a vehicle purchase.
Jiang filed for labor arbitration, which ruled in her favor, ordering the company to pay the full 150,000 yuan. The company challenged the decision.
However, both the first-instance court and the appellate court upheld the arbitration award.
The "no office romance" clause is unlawful and invalid.
Courts held that the company's internal rule restricting employee relationships infringes upon the constitutional right to freedom of marriage and romantic choice. Under Chinese labor law, employer regulations must not contradict national laws.
Similar cases have consistently found that terminating employees or withholding benefits based on dating relationships constitutes unlawful interference with personal freedoms.
Since Jiang had already met the performance targets, the bonus was earned and could not be withheld based on unrelated personal circumstances.
Neither early resignation nor lack of car receipts justified withholding. The court determined that these were pretextual conditions applied retroactively to avoid payment.
Source: Legal Daily (法治日报)
外语圈: BAFLA's Chinese channel 中文频道
Contributions will be appreciated！
欢迎投稿！
Professor’s Bachelor's Degree Revoked Over Gaokao Scandal, Master’s and Doctoral Degrees Unaffected! Chinese Fan Assaulted by GMMTV Security Staff Over Alleged Queue Jumping Foreign Woman Arrested for Stealing Baby Formula at a Supermarket
