The Erroneous Zone Of Annual Leave Pay Has Not Been Released.

In the process of labor dispute cases, litigation involving laborers demanding payment of wages due to no annual leave is common. Many people do not know this problem, and there are three major misunderstandings about such problems.

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. That is, if disputes arise due to arrears of labor remuneration, the labor relations shall be terminated within the duration of the labor relations and the termination of labor relations shall be made within one year from the date of termination.

That is, as long as the worker applies for arbitration within one year from the date of the termination or termination of the labor relations, the annual leave wages paid during the duration of the 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.

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And the principle of honesty and credit, objectively assessing the ability of the parties to give evidence, the employer should give proof of the situation that the worker has paid annual leave within two years or has paid the annual leave to the laborer.

Bear the burden of proof.

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 general office of the Ministry of human resources and social security is about the salary of enterprise employees.

The reply to relevant questions clearly pointed out that "third consecutive months of work for employees with paid annual leave" in the article "implementation of the annual paid vacation for enterprise employees" means that the workers have been working in the same employer for more than 12 months, and that the workers have been working for 12 months or more in different employers. "The implementation of the measures for the implementation of the annual implementation of the annual leave of duty" has been clearly stated in the article "the implementation of the annual leave with pay" in the third article.

Therefore, in the trial practice, we should pay attention to ascertain the work of the laborers before the new employers. If the laborers immediately start their employment after leaving the employment office, the workers should be paid annual leave instead of one size fits all if they continue to work for more than 12 months.