Determine The Days Of Paid Annual Leave According To The Cumulative Working Hours.

Lao Wang, a skilled worker, worked for 20 years in the A plant and was dug into the B plant.

1 years later, Lao Wang filed an application for 15 days' holiday. The B factory only approved 5 days.

Lao Wang refused to accept help from the factory union.

After understanding the situation of Lao Wang, the trade union workers communicated with the personnel department of B factory, and explained the method of determining the number of days of annual leave.

Finally, Lao Wang's application for 15 days of annual leave was finally approved.

Comment and analysis: the third provision of the annual regulations on paid annual leave for employees stipulates that the accumulated work of employees has been full for 1 years, less than 10 years, annual leave for 5 days, 10 years less than 20 years, annual leave 10 days, 20 years full, and annual leave 15 days.

According to the fourth provision for the implementation of paid annual leave for enterprise employees,

The number of days is determined according to the cumulative working hours of the employees.

Employees in the same or different

During the working period and in accordance with the laws, administrative regulations or the provisions of the State Council, they shall be regarded as accumulative periods.

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"In accordance with the law, administrative regulations or State Council regulations, which is regarded as the working period", refers to the age of soldiers enrolled in the army, the time, in-service graduate and doctoral students in the countryside who are arranged by the state, and the time for joining the army, going to the countryside, and studying on the job should also be counted as working hours.

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In February 2012, Li signed a 2 year labor contract with a Human Resources Inc, and Human Resources Inc dispatched Li to a metal company for production.

In October 9, 2013, Li spoke to the manager of the human resources department of the metal company and approved the application. He left the metal company 3 days later.

In November 10, 2013, the Human Resources Inc lifted the labor relationship with Li on the grounds of Lee serious violation of discipline (continuous absenteeism for more than 15 days), and served the notice of relieving labor relations by mail to Li.

In December 9, 2013, Li applied for arbitration to the labor and personnel dispute arbitration department on the grounds that the Human Resources Inc did not pay the pension insurance fee for him, and demanded the termination of labor relations with Human Resources Inc, and demanded that Human Resources Inc pay economic compensation.

The key question in this case is whether Lee's resignation is effective, that is, whether the dispatched worker resigns from the employment unit is effective?

The so-called labor dispatch is the labor contract between the labor dispatch agency and the dispatched labor, and the remuneration paid to the dispatched workers by the enterprise (the actual employment unit).

In the labor dispatch relationship, there are three parties, namely, laborers, labor dispatch units and labor dispatch units.

Among them, the establishment of labor relations with workers is only the labor dispatch unit, that is, the labor dispatching unit is the employing unit stipulated by the labor law, rather than the employing unit that receives the labor dispatch.

Because there is no labor relationship between the employing units and the workers receiving the labor dispatch, the employing units can not directly expel or dismiss the dispatched workers.

When a situation is prescribed by law, the employing unit may return the dispatched worker to the labor dispatch unit, and determine whether the labor relationship between the dispatched worker and the dispatched worker shall be relieved by the labor dispatching unit.

The employing unit can not accept the resignation submitted by the dispatched worker, and can accept the resignation of the dispatched worker only with the labor dispatch unit that establishes the labor relationship.

In this case, a Human Resources Inc's labor dispatch unit, a metal company, is the employment unit dispatched by labor dispatch, and Li is a dispatched worker.

There is labor relationship between Li and a Human Resources Inc, and there is no labor relationship with a metal company.

Li resigned to a metal company which did not have any labor relations, even if it was approved by a metal company, it would be invalid.