How Is The Annual Leave Pay Prescribed?

In the trial of labor dispute cases, it involves

Due to the absence of annual leave, there are widespread lawsuits for demanding payment of wages and salaries. There are three major misunderstandings in such cases.

First, it is erroneously believed that the general wage limitation should be applied to the wages paid by the laborers for unpaid annual leave, which means that the workers do not support the annual leave wages calculated over the past one year from the date of application for arbitration.

Non annual leave wages are labor remuneration. The provisions of the twenty-seventh and fourth paragraphs of the labor dispute mediation and Arbitration Law of the People's Republic of China shall apply to the special prescription.

In case of dispute, the duration of labor relations is not limited by time limit, and the termination of labor relations shall be submitted within one year from the date of termination.

That is, as long as the worker applies within one year from the date of termination or termination of the labor relationship.

The wages of annual leave paid during the duration of labor relations shall be supported.

Two, it is wrong to assume that the employer should bear the burden of proof in response to the fact that the worker has taken off the annual leave.

The existing legal and judicial interpretations do not specify the distribution of the burden of proof for the years off. According to the "wage payment regulations of Beijing", the employer should compile the wage payment record form according to the wage payment cycle, and keep it for at least two years for reference.

According to the principle of fairness and honesty and credibility, the objective of assessing the ability of the parties to give evidence can be objectively assessed. The employer should give proof of the situation that the worker has paid the annual leave within two years or has paid the annual leave to the laborer. The burden of proof shall be borne by the employee for more than two years.

Employers and workers refusing to give evidence or insufficient evidence, each bear the adverse consequences of proof.

Three, it is erroneously believed that workers who do not work for a full year as long as the new employers have not paid the annual leave pay.

The reply of the general office of the Ministry of human resources and social security on the implementation of the "measures for the implementation of annual leave for enterprise employees" has clearly pointed out that "third consecutive months of work for employees with paid annual leave" means that the workers have been working for more than 12 months, including the fact that the workers have been working in the same employer for more than 12 months, and that the workers have been working in different employers for more than 12 months.

Therefore, in the trial practice, we should pay attention to finding out the working conditions of the workers before the new employer. If the former employer has left the unit after the former unit, the worker should enjoy a paid annual vacation for more than 12 months.