Units Can Not Force Employees To Change Their Workplace.

Can the company arbitrarily change the employment regulations or give employees "magnifying leave"? Can employees' work injuries be deducted from commercial insurance? A few days ago, the Huizhou intermediate people's Court of Guangdong Province issued a typical case of labor disputes in 2014, and analyzed the key points of the court's judgment.

In many films and TV dramas, the management of the company often gives employees "magnifying leave" for various reasons.

Mr. Zhang, a company in Huiyang, encountered this kind of "magnifying leave".

It turned out that the company's intention to adjust Mr. Chang's job was rejected by him, and neither side agreed on the adjustment.

After that, the company decided to leave Mr. Zhang for 3 months after discussion by management.

Mr. Zhang appealed to the court on the grounds that the company did not provide labor conditions in accordance with the law.

The judge said: Chen Xiangke, President of the three Court of the Huizhou intermediate people's court, said that providing the laborers with the necessary labor conditions is the basic responsibility and obligation of the employing units. The employing units, in the form of long holidays, force the laborers to voluntarily propose the termination of labor relations so as to avoid the legal obligations. If the laborers fail to request the termination of the labor contract and pay the economic compensation on the ground that the employer fails to provide labor conditions in accordance with the labor contract, the court shall support it.

Finally, the court decided to terminate the labor relationship between the two sides, and the company paid Mr. Zhang.

。

The number of days off should be repaid, and the employer should pay 300% of the daily wage income for the annual leave.

Then, if the reward is not paid in time, how long can the employee get it back?

In July 11, 2013, Mr. Cao reached the statutory retirement age, and the labor contract was automatically terminated.

In August 16, 2013, Mr. Cao sued the court and requested the factory to pay 10 days in 2011, 10 days in 2012 and 7 days in 2013.

。

The judge said: Chen Xiangke pointed out that if the annual leave had to be completed at the end of the year, the arbitration time effect of the annual leave pay should be suspended from January 1st of the second year. If the annual vacation is arranged across the L year, only when the employer fails to arrange the annual leave for the employee at the end of the second year and fails to pay the non vacation pay, the worker will know or should know that his rights are infringed, and the arbitration effect is calculated from the beginning of January 1st of third.

In this case, the latter is referred to in the latter case.

Therefore, the court finally supported Cao's proposition.