Is It Legal To Cancel The Annual Leave?

Jin Rui Nan: in January last year, I was recruited as a cashier by a property company, and I signed a two-year labor contract with me when I entered the office.

Our company stipulates that annual annual leave must be applied uniformly at the beginning of the year.

To avoid taking annual leave together to affect the normal work of the unit.

I applied for a break before the May 1 holiday, so I could go out for a tour with the Labor Day holiday. Later, the company arranged for me to leave after May 1 holiday. I agreed and booked a ticket to travel abroad.

I didn't expect the company to give me a break for the second half of the year, but I have arranged a tour with my friends and booked a ticket. I have communicated with the leaders three times, and they insisted on making a change in my vacation.

Excuse me, is the company legal?

Hu Fang:

"Article fifth provides that the unit shall arrange the annual leave for employees according to the specific circumstances of production and work, and considering the wishes of the employees themselves.

From this rule, it is decided when the annual leave will be arranged by the unit, but when the unit arranges, it should also consider the wishes of the employees themselves.

Is it possible for the unit to approve the annual leave?

Or withdrawing, the laws and regulations do not specify.

Personally, I think how to judge whether the unit's practice is suitable depends on whether the unit has specified your vacation time and whether the two sides have gone through the relevant formalities for leave.

In your case, the company arranges you to take the annual leave after the May Day holiday. If you agree, if you confirm the date of the vacation with the company and fulfill the relevant leave formalities according to the unit's requirements, the unit should revoke or withdraw the decision after approval. It should be negotiated with you. But if the unit only indicates that you can take your annual leave after the May Day holiday, the two parties have not specified the date of the vacation, nor have you fulfilled the relevant approval procedures. I think the unit can arrange you to take another annual leave in the second half of the year.

Related links:

In February 2012, Li signed a labor contract with a Human Resources Inc for 2 years, and Human Resources Inc sent Lee 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.

[argument] 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, the laborers, the labor dispatch units and the employing units that receive the labor dispatch.

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.