Rules And Regulations: A Game Between "Rice Bowl" And "Rights And Interests"

According to the reporter, in fact, "paid vacation" was originally stipulated in the labor law. As a specific method, the regulations on paid annual leave for workers have been implemented since 2008, but legal protection has not been implemented in reality. Paid vacation is still a dream for many office workers.

What are the reasons for the difficulty in implementing paid vacation? What are the obstacles? Why do so many people have a holiday? With the introduction of the opinion, can paid vacation be implemented in our city?

Why do we dare to rest?

According to the reporter, although paid vacation has become a hot topic of social concern in recent years, but as a statutory system in China, paid vacation has been written into the labor law in 1994. In the regulations on paid leave for employees implemented in January 1, 2008, the employees' vacations have been further refined. According to the length of service, they can be repaid 5 to 15 days per year. If the workers do not rest on the annual leave, the unit should pay 3 times the wages of the annual leave on the basis of the daily wage income of the workers, and the "opinions" issued this year will bring the implementation of the paid annual leave system into the agenda of the local governments.

But in the interview, reporters found that even though these systems have been implemented for many years, it is still a paper power for most of the units and workers.

The reason is nothing more than two aspects. On the one hand, some units are in a position because of their posts.

A pit is passive, even resisting employees' paid vacation. On the other hand, after the boss or the leader's so-called leading example does not take a vacation, the employees can only swallow up and dare not mention it.

"National consciousness and economic interests are the main reasons for the implementation of paid vacation system."

Han Chengfu, a researcher at the Inner Mongolia Academy of Social Sciences, believes that the traditional Chinese society highly values hard work and dedication. It has always hated people who are good at working hard. Some deep-rooted thoughts have caused some people to be unwilling to take a vacation. Meanwhile, some employees worry that their vacation will affect their performance and promotion because of their own economic interests and working environment.

At the same time, because of the unequal labor relations caused by economic interests, workers also dare not take the initiative to ask for paid leave.

"Employees do not take the initiative to mention, employers will not take the initiative to ask employees to take paid leave."

Mr. Chen, who is engaged in human resource management in an enterprise in our city, told reporters that it was rare to hear which company had subsidized the employees who did not leave their jobs, but had never heard of any violation of the law.

"When it comes to the fact that paid vacation is difficult to implement, people often blame it on the employers' obstructions, and the disadvantaged employees dare not compete with the employers, that is, the employees can't stop.

This problem does exist, but I think there is a more important problem, that is, many employees do not want to stop.

He Shenghai, an associate professor at the school of Ethnology and sociology of Inner Mongolia University, believes that many units are now implementing the "pay plus bonus" mode of remuneration, in which wages are few, and bonuses are the main source of income, often several times of wages.

What is the meaning of "pay" in paid vacation? There is no definite provision.

Therefore, the employing unit decided to "pay" as a wage instead of a bonus.

In this way, the employees can not get the bonus with paid vacation and lose a lot. Even if the unit allows paid vacation, many employees are unwilling to stop.

Another situation is that some units (especially enterprises) implement piecework wage system. The income of employees is directly linked to their workload. Employees can take a vacation, but they have no income, or only symbolic income, so that many employees are reluctant to rest.

"This is the biggest" root "of the current paid vacation, which is paid vacation, but with only a small salary and leave, making the" paid vacation "very large.

Kamina Fufukumi, in name only.

This problem is not solved, even if all units allow employees to take paid leave, even through examination, punishment and other measures, many employees are still reluctant to rest, and the employees on vacation also enjoy the real benefits that are not available.

Hou Xiaojuan, lecturer of the school of sociology and folklore at Inner Mongolia Normal University, believes that from this point of view, the implementation of paid vacation system focuses on solving the problem of "unwilling to rest" and paying more attention to the word "salary" of paid vacation, so as to raise the gold content of "salary".

"Only in this way can people really enjoy the paid vacation benefits that are actually paid."

Hou Xiaojuan said.

Reporters in the interview also found that although paid annual leave has specific regulations, but some units still appear "selective blindness", or even try to avoid, resulting in legal rights have become "paper rights".

Is there a loophole in the system that allows employers to "have loopholes" and lead to "uncontrollable"? Or do they pay less attention to regulation because they do not pay enough attention to supervision?

Wang Jiayi, lawyer of Inner Mongolia Cheng an law firm, believes that at present, various laws and regulations do not have rigid restrictions on paid vacation, and how to supervise the employers and how to punish the units that refuse to perform.

"Analysis, the main obstacle is not to give this citizen's legal rights and interests to pay enough attention to how the implementation of the situation is basically unsupervised, the emergence of a" tiger's tail ", resulting in the implementation of the situation is greatly reduced.

Han Chengfu said.

Where is the bottom of the law?

"Paid vacation" means that the workers can enjoy a certain annual paid annual leave if they work continuously for more than one year. During the vacation, the laborers do not need to provide labor, and the employer still needs to pay wages and labor benefits to the workers according to normal working hours.

Wang Jiayi told reporters that although the law expressly provides, but because there is no strong implementation mechanism, "paid vacation" in some enterprises, especially private enterprises, poor implementation.

"Workers' right to rest is actually not balanced in many industries."

A staff member of the Municipal Labor Supervision Brigade admitted that although many units had made clear the vacation system, the implementation was not optimistic.

Especially in some private enterprises and private enterprises, even weekends can not be guaranteed. How can we talk about paid annual leave? "This is the game of" rice bowl "and" rights and interests ". Workers often choose the former.

The staff described the current situation of paid vacation.

In fact, whether it is "rice bowl" or "rights and interests", it is like "fish" and "bear paw" for laborers. Neither of them wants to give up. But the right to master both is not in the hands of workers. Facing the reality of "going to work" and "right" going home, laborers are weak and helpless.

We can only give up "fish" or "bear's paw".

In the interview, the reporters found that, in order to deal with the "paid vacation" on the surface, some units or enterprises allowed employees to voluntarily give up paid vacation when signing the "employment agreement", and even some units or enterprises subsidized employees even if they did not work overtime. This is actually a possession of laborers' interests, and even a deprivation of workers' rights and interests. These problems and chaos also revealed the lack of enforcement and lack of supervision in the implementation of paid vacation.

Although the state has promulgated the regulations on paid annual leave for employees, why do some units or enterprises still have laws against them? "Undoubtedly, the government's attention is not enough, law enforcement is not enough, the restriction and supervision system is not perfect, and punishment is not very strong, especially in the absence of a clear law on penalties for offending enterprises. This rigid system and illegal cost are too low, and units or enterprises are unscrupulously occupying the rights and interests of laborers."

Wang Jiayi thinks so.

Then, what hinders the implementation of paid vacation system? "The unequal relationship between employers and employees is the main factor that restricts employees to take a vacation.

The strong position of the company deprives employees of the right to speak on leave, making vacation a loss to employees.

At the same time, the embarrassing position of trade unions has failed to guarantee the rights of employees, and the corresponding arbitration institutions are also difficult to play an effective role.

Hou Xiaojuan said that in such a market can not be regulated under the relationship, we need the power of the government to play a role in the implementation of the vacation of enterprises to effectively supervise and manage the situation.

Making detailed rules to ensure the implementation of paid vacation

Why is it difficult to implement paid vacation? Borrowing from the head of a company in our city, "the State Council is so far away!" in fact, it represents the mentality of the vast majority of private entrepreneurs.

"The force imposed by law can not be reflected, and workers who do not lawfully arrange their rest and vacations can not be corrected and punished. Some employers naturally have the courage to let workers take paid leave."

Wang Jiayi believes that the implementation of paid vacation, on the one hand, should change the situation of poor implementation of the law, especially the labor management departments, to change the habit and attitude of passive law enforcement, to actively check the implementation of the law, and not wait for workers to complain.

There should be corresponding punishment measures for enterprises not lawfully arranging paid vacation for workers.

On the other hand, government departments need to consider the problems from the perspective of enterprises, take into account the difficulties of enterprises, and give assistance and preferential policies to enterprises from aspects of policies and taxes.

Only by enabling enterprises to realize the benefits of paid vacation, can we not only see the losses caused by employees' holiday, but also have the power to strengthen implementation.

"The key to implementing paid vacation is leadership. If leaders or business owners only value performance or profits, regardless of their legitimate rights, they should pay a heavy price."

Many interviewees in the interview suggested that the annual leave with pay should be implemented. The key is to introduce some specific measures that can be operated and enforced. If it is still so widely prescribed, it may well be a mere scrap of paper at the end.

"We need joint efforts by employing units, labor supervision departments, trade unions and staff."

He Shenghai believes that the implementation of paid vacation to let people out of the "paid vacation" dilemma, first of all, the government must attach great importance to the establishment of appropriate supervision and protection system, improve the relevant mechanisms, increase the intensity of supervision and punishment, and the implementation of the implementation of the list as a reference for all levels of Wen Ming units.

Secondly, the unit and enterprise departments should implement the policy of paid vacation, and make sure that only a good leisure can work well, create conditions actively, provide time for employees to take a vacation, and bring paid vacation into the assessment of departmental leaders, so as to ensure the implementation of the annual pay system for employees.

Of course, as a laborer, we should also protect our rights and protect our rights and interests by law.

Wang Jiayi believed that the first task is to carry out and perfect the existing laws, enhance the legal consciousness of enterprises and employees, and let paid leave really become popular among the people.

"The key to the implementation of the paid vacation system is not to emphasize the rights that have been given to the laborers, but to design the accountability mechanism."

Wang Jiayi suggested that we could investigate the administrative responsibility of the officials of the labor supervision organs that protect employees' "paid vacation", and issue a ticket for enterprises and institutions to damage employee's vacation right.

"When the cost of illegal activities has increased substantially, when the right to defend is no longer a worker's fight, the employer will naturally have some convergence in this matter."

Then, after the detailed rules are formulated, what are the supervision channels and punishment measures for enterprises if they are not executed according to quality and quantity? "The departments concerned may try the detailed rules and improve them in the course of operation."

He Shenghai said that the key to changing the unequal right to speak on leave between employers and employees is the key.