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    Employees Should Be Entitled To Paid Annual Leave After One Year's Work.

    2015/5/5 23:22:00 23

    EmployeesWorking HoursPaid Annual Leave

    May day, Worker Interest has also attracted more and more attention. Recently, the Beijing Higher People's court informed the Research Report on labor disputes in recent three years. The Beijing high court believes that workers should enjoy the benefits of paid annual leave if they are less than a year old.

    After hearing numerous labor disputes, the Beijing Municipal High Court held that all workers should be entitled to paid annual leave for less than one year, and the number of days of annual leave should be calculated according to the cumulative working age. Workers When working in the same or different employer units and in accordance with laws, administrative regulations or State Council regulations, they shall be accumulated. Working hours 。 Therefore, workers can enjoy paid annual leave as long as they have worked continuously for 12 months from the time of work, and workers do not have to meet the requirements of continuous employment for one year.

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    Zhang Bin went to a car parts company in April 2012 and died in April 10, 2014. After the family members and the company negotiated Zhang Binfei's death treatment due to the death of the workers, however, he had not reached an agreement on Zhang Bin's parents' difficulties in living allowance. Zhang Xianfu (Zhang Binzhi's father) and Sui Guihua (Zhang Binzhi's mother) filed the auto parts company to the local labor and personnel dispute arbitration committee, requiring the company to pay monthly living allowance for the immediate family members.

    The forty-fifth provision of the revised regulations on the implementation of the labor insurance Ordinance provides for the provision of immediate family members: the father is 60 years old or completely disabled, and his mother does not engage in paid work. The main source of his life depends on the supply of the workers themselves, and the direct relatives of the employees are provided. The Shandong provincial social labor insurance office gave the reply to the social labor insurance Department of Zaozhuang on the determination of relevant issues concerning the provision of immediate family members for enterprise employees (99 Lu social insurance number 15), stipulates that: the worker's mother is 50 years old, does not engage in paid work or has a relatively stable income source, and the main source of life is provided by the worker himself, so as to maintain the minimum living standard of the local residents, and can be listed as a direct family member of the worker. The trial found that Zhang Xianfu and Sui Guihua were retired workers. They received a monthly pension. Referring to the above provisions, they obviously did not meet the conditions for receiving life hardship subsidies. Therefore, the Arbitration Commission shall not support its arbitration request.


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