It Is Not The Right Way To Avoid The Annual Vacation By Making Excuses.

According to national laws and regulations, paid annual leave is the right of every worker. Some employers deceive and infringe upon the legitimate rights and interests of laborers in order to deprive workers of this legal right, or to cheat or infringe on the legitimate rights and interests of laborers.

Labourers should enhance their ability to distinguish forged evidence. In the arbitration and trial stage of labor disputes, if they doubt the authenticity of evidence, they need to exercise the right of cross examination. If necessary, they can apply to the court for identification of the signature so that judges can accurately judge the authenticity of evidence through scientific and technological means and safeguard the legitimate rights and interests of workers.

[case] a technology company believes that the company's employees are waiting time every year, and there is no continuous work for 12 months. Paid annual leave 。 Laborers believe that there is no interruption in their actual work for three consecutive years. They should enjoy paid annual leave according to law.

Finally, according to the evidence submitted by Xing, the court concluded that the labor relationship between the two parties had been in existence for more than a year, and satisfied the precondition for the workers to enjoy the annual leave with pay. Therefore, after the accumulated working hours of the workers exceed one year, the technology company should arrange the workers to enjoy paid annual leave. The company did not arrange according to the law, and should pay the annual leave pay.

If the judge can confirm the continuity of evidence Working hours It will continuously calculate the working life of the laborers and strive for the maximum compensation benefits for the laborers. At the same time, we should distinguish between waiting for leave and vacation, and the workers who enjoy paid annual leave enjoy normal wages, while the workers can only enjoy basic living expenses while they are on duty. The claim that the deadline for waiting for a job to meet the deadline is not valid.

Workers should make efforts to collect relevant evidence of continuous working hours, such as attendance records, work papers, payroll records and other materials, so as to win the initiative in the process of litigation proof.

Case] a company signed a contract with the driver Hao Hao. Labor contract Hao Hao also signed a pre printed letter of commitment. The content is "vehicle limit time can be offset by annual leave treatment, so Hao Hao does not enjoy paid annual leave treatment". Later, in the labor dispute, the company took out the letter of commitment signed by Hao Hao. He believed that he did not pay wages for his annual leave. He had agreed in advance, reasonable and legal.

In the case trial, the judge, based on the contents of the labor contract between both sides, affirms that Zhang's work includes vehicle maintenance and assistant manager's work besides motor vehicle driving. Therefore, the company's vehicle limit time can be reduced to an annual leave treatment and the claim can not be established. In addition, because paid annual leave is the legal right of laborers, the content between the two parties on the agreed workers' right to leave is invalid, which ultimately supports the idea that the workers demand the company to pay the annual leave.

Labourers should understand their legal rights and maintain a certain degree of vigilance when signing labor contracts and other subsidiary agreements. Once there are restrictions and deprivation of statutory rights in the documents signed by the employer, the laborers can explicitly refuse them, or actively use legal means to safeguard their legitimate rights and interests.

[case] a worker of a company asked for an unpaid annual leave and had a labor dispute with the unit. In the trial, the employer showed the annual attendance record of Dong Mou's signature, which proved that he had taken off his annual leave. Dongmou does not recognize the record of annual leave attendance, and applies the court for handwriting identification on the attendance record.

Results the conclusion was that the signature was not made by Dong Dong himself. According to the law, the court decided that the company would pay the annual leave for Dong. Labourers should enhance their ability to distinguish forged evidence. In the arbitration and trial stage of labor disputes, if they doubt the authenticity of evidence, they need to exercise the right of cross examination. If necessary, they can apply to the court for identification of the signature so that judges can accurately judge the authenticity of evidence through scientific and technological means and safeguard the legitimate rights and interests of workers.