Discretionary Bonus
Hi,
I have a questions regarding the bonus payment.
I have been working full time last year. Usually, in previous years 2017 and 2018 the bonus is paid on Feb. However, due to the coronavirus situation, this year is schedule to pay on Apr instead.
If I am being lay off next week. Would I be able to entitle to get my 2019 bonus? Below are my contract term.
"Additionally, you are eligible for a variable discretionary bonus of up to 20% of your annual salary, based on Key Performance Areas and pro-rated according to your joining date. This bonus,if applicable, will be payable at the end of Halo's financial year(December 31)."
I have read the Chapter 8: End of Year Payment of A Concise Guide to the Employment Ordinance
"Presumption
For every employment contract made after 27 June 1997, it is presumed that an annual payment or annual bonus is not of a gratuitous nature and is not payable only at the discretion of the employer unless a written term or condition in the contract expresses intention to the contrary.
Eligibility for End of Year Payment
An employee is eligible for an end of year payment if he has been employed under a continuous contract for a whole payment period. The payment period shall be the period specified in the employment contract, or a lunar year if it is not specified."
But not sure in my case of the contract what will happen. Can the company just lay off me with the notice period without any bonus?
Many thanks in advance