Employees Ask For Annual Leave. Enterprises Have No Right To Say No.
Paid annual leave is the right of employees, not the manager of Human Resources Department of an enterprise.
Miss sun has been in an enterprise for a year and a half.
In December 2014, Miss Sun asked the company to take a sabbatical leave, but was rebuke by the manager of the enterprise's human resources department: the enterprise agreed that the employee would not enjoy the benefits of paid annual leave, and if he had to take a vacation, he would deal with absenteeism.
Miss sun was afraid of losing her job because she had no choice but to speak.
According to the second provision of the regulations on annual paid leave for employees, which was formally implemented in January 1, 2008, it is stipulated that employees, such as organs, groups, enterprises, institutions, private non enterprise units, employees of individual businesses, etc., who work for more than 1 years, 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 stipulates that the accumulated work for 1 years is less than 10 years, the annual leave is 5 days; the 10 year's less than 20 years, the annual leave is 10 days; the 20 year's annual leave is 15 days.
The fifth clause, the third paragraph, is right.
Workers
The number of days off should be repaid, and the unit shall pay annual leave on the basis of 300% of the employee's daily income.
wages
Remuneration.
Thus, as long as employees and enterprises exist
Labor relations
And in line with the basic requirements of continuous work for more than 1 years, the statutory paid annual leave is granted, regardless of whether the unit's rules and regulations provide for paid annual leave. Even the unit's rules and regulations clearly stipulate that no paid annual leave is entitled to the annual leave with pay.
Miss sun should have the right to take paid annual leave. If these circumstances happen, employees can bring together labor relations certificate, annual leave application form, unit leaders' approval and other information to complain to the labor and social security supervision department, and request them to order the employer to pay the annual leave of work and compensation according to their functions and powers.
Enterprises must also perform the obligation to grant miss sun to pay annual leave with pay according to law.
Some enterprises have frequently made some evasion of employee annual vacations, including the agreement that the staff and workers should sign the annual leave or give up the annual leave, take the time of waiting for post or visit the parents, set the time limit for the holiday, set the time limit at random, consider the employee to give up voluntarily or invalidate the annual leave.
- Related reading
Staff Leave For Leave, Dismissal, Request For Continued Performance, Winning Lawsuit
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