Is It Reasonable For A Unit To Arrange Annual Leave?

The company can arrange the annual leave for employees according to the specific conditions of production and work.

Of course, the number of days your company can give you can not be less than the number of days prescribed by law.

Su Xiaowen: I am a family.

The company's clerk has been in the office for more than three years.

Because the vast majority of the company's bosses and employees are domicile domicile, the company will spend more days a day before and after the Spring Festival.

On the surface, the unit takes care of employees. Actually, it allows us to move the paid annual leave to the same place before and after the Spring Festival.

It's all the same.

Excuse me, is this arrangement legal?

Yang Xuefeng: according to the year of paid employees

The third provision of the Regulations stipulates that workers have accumulated 1 years of work for less than 10 years, 5 days of annual leave, 10 days of annual leave for 10 years, less than 20 years, and 15 days of annual leave for 20 years.

The fifth rule is: the unit arranges the annual leave for employees according to the specific conditions of production and work, and considering the wishes of the workers themselves.

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Xiaoli, a comprehensive technical school student, is a technical secondary school graduate. He has worked in a small business run by an individual and has never signed a labor contract.

Six months ago, the boss was in a car accident and has been hospitalized so far.

After hospitalization, the boss said he was nervous and postponed payment of wages.

For half a year now, Xiao Li has been looking for his boss many times, and the boss has been shirking it over and over again, saying that he will be paid again when he gets better.

Xiao Li has no choice but to apply for labor arbitration. How does Xiao Li prove that there is a labor relationship between himself and his company without signing a labor contract?

Labor relations refer to the relationship of rights and obligations formed by employing units to pay labor remuneration to laborers and to provide workers with professional labor.

The employer shall establish labor relations with the laborers from the date of their employment.

According to the notice on the establishment of labor relations related matters (No. [2005]12 of Labor Department), the employer did not sign labor contracts with the laborers, and concluded that the labor relationship between the two parties could be based on the following credentials: (1) payment vouchers or records (wages and salaries of workers' roster), payment of various social insurance premiums; (two) certificates of identity issued by employers to laborers, such as "work permit" and "service certificate"; (three) recruitment records of employers' recruitment registration such as "registration form" and "application form"; (four) attendance records; (five) testimony of other workers.

Among them, (1), (three), (four) of the relevant documents by the employing unit bear the burden of proof.

Xiao Zhang, a comprehensive news agency, received a notice from a company that passed the company interview. The notice stated that in order to ensure that Xiao Zhang grasps his post related knowledge and skills and is competent for the job demands, he has to carry out related training, and the company and Xiao Zhang bear 50% of the training cost.

So Xiao Zhang paid the training fee to the company for twenty thousand yuan.

However, in the 5 months of the training period, the company did not carry out regular and systematic course training, and did not examine them accordingly.

After the training, the company did not sign labor contracts with Xiao Zhang, nor did he provide him with a job.

Does Xiao Zhang have the right to claim compensation from the company?

The ninth article of the labor contract law clearly stipulates: "employing units to recruit laborers shall not detain labourers' identity cards and other certificates, nor require workers to provide guarantees or to collect property from laborers in other names."

In the process of recruiting employees, the company charged a high fee for training on the grounds of the special training for Xiao Zhang, which violated the law, and Xiao Zhang had the right to refuse.

In addition, although the company issued a notice of "passing the company's interview" to Xiao Zhang, the notice only passed the interview, which did not mean that the company would sign labor contracts and establish labor relations with him.

However, because the company did not carry out formal and systematic course training for Xiao Zhang during the 5 month training period, nor did he conduct corresponding examination, he should refund the twenty thousand yuan training fee paid by Xiao Zhang.