If you have worked hard and hit your annual targets, you have earned that bonus and should not hesitate to ask for it, even if you are resigning
I work in a sales role and I receive a bonus if I hit my annual targets. I plan to resign from my job a month before year-end, when the bonuses are paid out, to start a role at a new company. If I’ve already reached my sales target, am I still entitled to receive my bonus even if I don’t stick around for year-end?When an employee resigns, in British Columbia, they are entitled under the Employment Standards Act to be paid all of the wages they earned before the resignation date.
The law distinguishes between when a bonus is ‘earned’ and when it is ‘paid’. It is common for a bonus to be ‘earned’ when a target is hit or a sale is made, but to only be ‘paid’ at the company’s fiscal year-end or when the bill is settled with the customer. In general, if you have ‘earned’ your bonus by the time you resign, you should receive it, even if it would normally be ‘paid’ later. However, this general rule is not always applicable, depending on your specific circumstances.
One last thing – when resigning, you should give your employer enough notice so that your departure will not hurt the business and make sure to hand over any property and information needed for your replacement. One strategy could be to negotiate an agreement with your employer where you do your best to ensure a smooth transition and they agree to pay the bonus that you earned.First, take time to carefully read your employment contract, as a lot depends on the terms outlined within it.
If your contract is silent on the terms surrounding the payment of your bonus, then you need to consider whether the bonus payment falls within the definition of ‘wages’ under your province’s employment standards act or code.
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