Paid Annual Leave Can Not Be Discounted.

In order to guide the broad masses of workers to maintain their right to leave in accordance with the law and correct some misunderstandings of employers, several typical cases are selected for analysis.

Xiao Li has been working in a private restaurant for 1 years.

In December 2014, Xiao Li filed an application for a 5 day holiday. The boss said he was a self-employed person. Where did he leave for the next year? He asked Xiao Li to stay and continue to work and promised overtime pay. But then the boss failed to cash in. Xiao Li complained to the labor and social security supervision department that he did not pay the annual salary of his unpaid vacation.

After investigation and verification, the labor and social security supervision department shall instruct the boss to pay Xiao Li the wages paid for his annual leave according to law.

According to the second provision of the annual regulations on paid annual leave for employees (hereinafter referred to as the regulations), organs, organizations, enterprises, institutions, private non enterprise units, employees of individual businesses and other units who work continuously for more than 1 years have the right to enjoy paid annual leave.

The unit shall ensure that employees enjoy annual leave.

Employees enjoy the same wage income during the annual leave period.

The third provision of the Regulations stipulates:

For 1 years, less than 10 years, annual leave for 5 days; 10 years less than 20 years, annual leave 10 days; 20 years, annual leave 15 days.

The third provision of the fifth article of the Regulations stipulates that the number of days off should be paid by the staff and workers, and the unit shall pay 300% of the annual salary in accordance with the wage income of the worker's day.

Paid annual leave is the statutory right of employees.

In this case, although Xiao Li is a self-employed employee, he also enjoys annual leave in accordance with the law.

If a worker meets with the situation that the unit does not approve the annual leave and does not give annual leave, it may bring together information on labor relations certificate, annual leave application form, unit leader's approval, and so on, and file a complaint with the labor and social security supervision department, requesting the employer to pay the annual leave and pay the compensation according to his functions and powers.

Lao Zhang entered a printing factory in November 1, 2013, and the two sides signed a labor contract for 1 years.

After the labor contract expired in October 31, 2014, the company decided not to renew it.

Lao Zhang suggested that the company should pay 10 days' unpaid annual leave compensation for wages. The printing company said that according to the company's regulations, the new recruits would enjoy 5 days' annual leave in the first year, and Lao Zhang actually had 5 days' annual leave without compensation.

Lao Zhang has provided the service certificate of the District Talent Service Center for 20 years, but the printing factory did not approve it. Lao Zhang had to apply for arbitration.

The Arbitration Commission found that Lao Zhang's accumulated working life reached 21 years, and he should enjoy 15 days' annual leave. Then he ruled that the printing factory should pay the annual leave of 10 days for Lao Zhang.

According to the provisions of the regulations, the working life of workers should be accumulated and calculated, including working hours in different units.

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"(hereinafter referred to as" method ")" fourth stipulates: workers in the same or different employers during the work, and in accordance with the law, administrative regulations or the provisions of the State Council, shall be regarded as the cumulative working time.

In this case, Lao Zhang has worked for only 1 years in the printing plant, but his accumulated working life has reached 21 years, and of course, he should enjoy 15 days of annual leave. Therefore, the Arbitration Commission has supported Lao Zhang's request.

Some employers often determine the number of days of annual leave in accordance with the length of time they work in the unit.

In case of dispute, the accumulated working life of workers should bear the corresponding burden of proof.

Therefore, remind workers: when entering the new employer, if it involves the previous years of work experience, the two parties should verify it early.

In addition, the cumulative working hours of employees can be determined according to records, social security payment records, labor contracts and other materials.