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Temporary Workers Are Entitled To Annual Leave With Pay.

2010/12/2 18:17:00 77

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The Temporary Labor Contract Law Has The Right To Enjoy Annual Leave.

Wu Mou is a logistics management worker in Shouguang City. He has worked for 8 years.

Seeing other colleagues take a paid annual leave, Wu also plucked up courage to apply for leave to the leaders of the unit, but the leader said that all the units who enjoyed the vacations were formally staffed in the units, which were the welfare benefits of the formal workers.

Temporary worker

No qualification for annual leave.

In this regard, Wu Mou is reflected to the local human resources and social security department.

The Department pointed out that the practice of the unit was wrong.

First

The labor contract law.

The second provision states that state organs, public institutions, social organizations and laborers who establish labor relations with them shall conclude, perform, alter, terminate or terminate their labor contracts in accordance with this law.

Therefore, although there is no official establishment of Wu Mou, it has constituted labor relations with units and belongs to a worker in a unit.

Secondly, the general office of the Ministry of labor, "reply to the instructions on temporary workers and other issues" (labor office issued [1996]238) stipulates that after the implementation of the labor law, all employers and workers have fully implemented the labor contract system, and the rights enjoyed by all kinds of employees in the employing units are equal.

Therefore, in the past, the names of casual workers relative to formal employees no longer exist.

Employing units, such as temporary employment, should sign labor contracts with workers and pay various social insurance for them in accordance with the law, and enjoy insurance benefits, but they can be differentiated in terms of labor contracts.

Therefore, there is no legal basis for the so-called "temporary workers" who do not enjoy the formal welfare benefits.

Thirdly, the second provision of the regulations on paid annual leave for employees stipulates that employees of organs, groups, enterprises, public institutions, private non enterprise units, employees of individual businesses and other units who work continuously for more than 1 years shall be entitled to paid annual leave.

The unit shall ensure that employees enjoy annual leave.

The purpose of the state regulations on annual leave with pay is to protect all workers' right to rest and leave equally, and to mobilize the enthusiasm of the workers. The Ordinance covers all kinds of employing units, because the right to rest is the civil rights stipulated in the constitution of our country, so the laborers should enjoy equal rights.

Entitled to annual leave

。

Through the coordination of the people's and social departments, the unit has improved the employee leave system and has approved the application of Wu's leave.