It Is Better To Follow The Regulations On Paid Leave Than To Stipulate The Regulations.

In order to ensure the implementation of paid vacation system, the Shandong provincial government recently issued the "opinions on organizing and implementing several annual pay leave issues for staff and workers in institutions and institutions", which explicitly stipulates that those who refuse to pay wages and compensation for annual leave can apply to the people's court for compulsory enforcement.

(Xinhua January 31st)

The relevant regulations promulgated by Shandong province in essence are the implementation and implementation of the regulations of the State Council on the annual leave with pay for employees, such as stipulations: "it is possible to apply for enforcement of the people's court to refuse to pay wages and compensation for annual leave," and so on, which is nothing new compared with the regulations of the State Council.

In real life, the most difficult to protect the rights and interests and the most urgent maintenance is the largest number of employees in the enterprises. These groups occupy the largest proportion of workers and workers, and the working conditions are relatively bad. The legitimate rights and interests should also be strongly protected by the government.

However, the opinions of Shandong on the issue of organizing and implementing the annual paid holiday for staff members of government departments and institutions include only the staff and workers of the organs and institutions, and the staff and workers of the majority of state-owned enterprises.

The rights and interests of workers, such as employees, individual businesses and other units are obviously ignored by the above opinions.

It is rather regrettable and inadequate.

When the provincial government implements the administrative regulations or regulations of the State Council, the copy of the full text is a kind of execution.

But the author believes that the real implementation should be based on the premise of not violating the upper law, and make specific operational new regulations in combination with local reality.

In particular, we must work out specific operational procedures according to the actual conditions.

For example:

In the course of being infringed, what kind of ways and means should be adopted to apply for enforcement to the court? Is there any need for intervention by the trade union? Once the workers apply to the court for enforcement, once they are "retaliated" by the unit, what should they do?

This is what the lower level government should really consider when implementing the State Council regulations.

Therefore, it seems that Shandong is an organ and institution.

The system of paid annual leave has been stipulated and reiterated. It seems to attach great importance to it. In fact, it avoids the biggest contradiction and problem. It is "how to protect the most difficult bone" -- how to protect the paid leave of the staff and workers of the large enterprises to "evade".

At the same time, how to protect the rights and interests of employees' paid vacation will also inevitably affect the social effect of execution.

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In March 2014, I signed a 3 year labor contract with a cosmetics sales company.

Contract, I am engaged in sales agency work, wages for the base salary plus commission, probation period of 6 months.

During the probation period, my sales performance was mediocre.

After the expiration of the trial, I was told that it was inappropriate for me to do the sales.

At the same time, because of changing jobs, we need to re try it for 6 months.

I would like to ask whether the company's practice is in line with the requirements.

Probationary period is the inspection period agreed by workers and employers for mutual understanding and choice.

The employing unit may stipulate a probationary period with a certain period of time in accordance with the term of the labor contract.

At the same time, in order to prevent the employing units from abusing the probation period, the nineteenth clause and second paragraph of the labor contract law stipulates that "the same employer and the same worker can only agree on a probation period".

During the probation period, if the laborer fails to meet the employment requirements of the employer, and there is evidence that the unit can terminate the labor contract with the worker, the probationary period can not be re established on the grounds that the labourers' ability remains to be improved and the posts pferred.

Therefore, after the expiration of your probation period, the cosmetic sales company will not agree with the law if you re assign the probation period to your post.