Did You Stop This Year'S Annual Leave?

Because the understanding of the law is not clear and the execution is not in place, workers and employers often have disputes over annual leave.

Is it the end of the year that everyone's annual vacation is off? What are the conditions to meet the annual vacation? How can we determine the number of days off? Can we calculate the annual leave on the basis of the centralized leave of the employer?

In January 1, 2015, Sulan signed a labor contract with a company, and the two sides had labor disputes.

Sual asked the company to pay overtime pay, unrest salary, and so on.

Regarding the annual leave pay, Su Lan said he had worked in 1988 for more than 20 years. He should enjoy 15 days' paid annual leave every year, and he did not take his annual leave in 2015.

A company believes that Su LAN worked for less than 12 months in 2015 and should not enjoy annual leave.

The court decided that the company paid the request for the annual leave of 15 days in 2015.

According to the regulations on the implementation of paid annual leave for employees of enterprises, workers are eligible for annual leave only if they work continuously for more than one year. The work experience of the year is not limited to the employing units, nor is it restricted to the same household unit.

In this case, Sulan offered evidence of endowment insurance since December 1988, and a written labor contract signed with the original employer, which could prove that the company had satisfied the conditions of continuous work for more than 12 months when entering the company, so it should receive paid annual leave from the date of entry.

A company has not arranged for Su LAN to take a leave of absence, and should pay it for the rest of the year.

Wages.

At the same time, Su LAN showed evidence that he had worked for 20 years. According to the regulations on paid annual leave for employees, the accumulated work of employees has been 20 years and the annual leave is 15 days.

Therefore, he has the right to enjoy 15 days' annual leave.

Zhang Hua entered the company's work in January 1, 2014. In September 10, 2015, the company paid the wages and the company's labor relations in due course, and demanded payment of the economic compensation for the labor relations and the absence of the annual leave.

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With regard to the unpaid annual leave, Zhang Hua advocated that he should enjoy 5 days' annual leave from January 1, 2015. The company did not arrange the annual leave, and required to pay the annual leave of absence from January 1, 2015 to September 10, 2015 according to the 300% standard.

The company thought Zhang Hua was leaving the company on his own initiative, not the company did not arrange the annual leave of 2015 and did not agree to pay.

After the court ordered the B company to pay Zhang Hua's 3 days' annual leave wage according to the standard of 200%.

According to "enterprise"

According to the regulations on the implementation of paid annual leave, "when the employer or Employee terminates or terminates the labor contract, if the employee is not entitled to a sabbatical leave for the year, he shall convert the number of days off according to the working time of the employee and pay the annual leave pay, but the portion that is less than 1 days after the conversion will not pay the annual leave wage reward".

In the above provision, the statement of "termination or termination of employment contract between employers and employees" is only for the description of the end state of labor relations, the employee should leave his office in the middle of the year, he should take his annual leave and the corresponding annual leave pay should be converted. The conversion is not affected by the specific reasons for the end of the labor relationship.

According to the payment standard of the annual leave pay, according to the regulations on the implementation of the annual leave for enterprise employees, the employer should pay the annual salary for the annual leave in accordance with 300% of the daily wage income of the employees, which includes the employing unit to pay the wages of the workers during the normal working period.

Since the company has paid double wages for Zhang Hua's normal work, he should pay his remaining annual leave pay according to 200% standard instead of 300% standard.