The Implementation Of Comprehensive Calculation Work Hours System, Employees Also Enjoy Annual Leave.

Q: part of the employees who work on the comprehensive calculation of working hours are consulted. The time they work in their units is to rest for a day on the day and work 11 hours or 12 hours a day.

The employees of these units apply for annual leave to the leaders. The leader takes the comprehensive calculation of man hour system different from the standard working hour system as an excuse, and refuses to take annual leave.

The two sides are divided on this issue.

Do these staff consultants have comprehensive calculation of the annual working hours?

A: according to the staff of the Tianjin city's human resources and social security telephone consultation service center, the comprehensive calculation work hour system refers to the working hours system that the enterprise needs to arrange the workers' continuous operations and fails to implement the standard working hours because of the special working conditions or the seasonal and natural conditions.

Its cycle average

Time is basically the same as statutory standard working hours, and guarantees.

Take at least one day a week.

"

"The second article provides that:" organs, organizations, enterprises, public institutions, private non enterprise units, employees of individual businesses and other units have worked for more than 1 years, and the unit shall guarantee employees to enjoy paid annual leave. "

Therefore, workers who are satisfied with this condition can enjoy paid annual leave.

Therefore, it is incorrect to say that "comprehensive calculation of employees' annual leave" is not correct.

Related links:

[case replay] Mr. Wang is a salesperson in the production of A company. He signed a labor contract with the employer at the beginning of his employment in 2010. The contract stipulated that "no matter what the reason is, after the employee has left, he will not be employed by the unit that has competition relationship with the employing unit within three years."

If the worker breaks the contract, the worker pays the liquidated damages to the employer for 100 thousand yuan at a time.

In April 2013, Mr. Wang met a business manager of shampoo production company B at an exhibition fair.

Mr. Ren took a look at Mr. Wang's negotiation strategy and distribution means, and he intended to dig Mr. Wang into B company with high salary.

At first, Mr. Wang refused and explained to his manager the breach clause in the labor contract signed at the time of entry.

Mr. Ren said that the breach of contract stipulated in the labor contract itself is illegal, and if A company investigates Mr. Wang's liability for breach of contract, B will also be willing to pay the penalty for Mr. Wang.

Mr. Ren's sincerity touched Mr. Wang.

Thus, in May 2010, Mr. Wang resolutely resigned despite the repeated retention of A company.

Three months later, Mr. Wang signed a labor contract with B company and became the sales manager of B company.

After knowing that Mr. Wang of the company has become the "manager" of B company, the A company immediately summoned the Ministry of justice to study and hired a lawyer to decide to apply for arbitration.

[referee] A filed an arbitration application with the labor arbitration department, asking Mr. Wang to pay a penalty of 100 thousand yuan to A company.

Mr. Wang argued that the breach of the gold clause in the labor contract was illegal.

Through the arbitration trial, the ruling supported the arbitration application of A company.

Mr. Wang paid 100 thousand yuan to the original company A for breach of contract.

[lawyer comment] lawyer Zhang Guochen of the water hammer law firm believes that from the above cases, we can easily find that Mr. Wang has switched jobs because of his words.

Is the right manager's argument correct? Generally speaking, it is illegal to stipulate the liquidated damages in the labor contract, that is to say, the manager's understanding is right from the broad perspective of the law.

The twenty-fifth clause of China's labor contract law also stipulates that the employer should not stipulate the stipulation that the worker should bear the penalty for breach of contract.

However, in this case, the terms stipulated in the labor contract between Mr. Wang and A company are not general clauses required in every labor contract, but a special provision called competition restriction.

Avoidance and avoidance of competition are a legal measure taken by employees to protect employees' business secrets. They are based on legal provisions or agreed by both parties. During the period of labor relations or after the end of labor relations, they restrict and prohibit employees from taking part in business competition units while they are in office. They also restrict and prohibit employees from engaging in competition with their own units after leaving office, including those who are not allowed to produce similar products or run other business units of similar businesses or have competitive relations or other interests, and do not have the same kind of products or similar businesses and have competitive relations with other employers. Then, what are the special clauses of the competition restriction?

It can be seen that the essential purpose of the competition restriction clause is to protect the commercial secrets of the employing units and prevent the relevant competing units from malicious competition.

According to the twenty-third clause of the labor contract law of China, the employer can stipulate the competition restriction clause in the labor contract or confidentiality agreement with the laborers who have the obligation of confidentiality.

If a laborer violates the stipulations of the competition restriction, he shall pay liquidated damages to the employing unit in accordance with the contract. "

A's approach is clearly correct.

In this case, the purpose of the agreement between A and Mr. Wang is to protect the business secrets of A company and the business resources accumulated by perennial business.

Mr. Wang's behavior in going to B company may lead to the loss of these resources, and at the same time, he also violated the terms of competition which he signed with A company.

Therefore, the arbitration award supports the arbitration request of A company, which is in conformity with the law of our country.