Law Lecture Hall: No Annual Leave Should Be Paid.

In January 1996, an environmental sanitation worker, female and worker, applied for a job as a dustman in the District Sanitation Management Office of a city. During this period, he worked hard and worked hard. He never took a holiday in the new year for many years. In August 2008, the sanitation department began to pay for its pension insurance, but it has not paid for the payment of medical insurance on the basis of "the current finance does not arrange this fund". In July 1, 2012, the district environmental hygiene management department carried out the management and cleaning of the roads within the jurisdiction of a sanitation and cleaning company. After the dismissal of British and other cleaning personnel, the district's environmental sanitation management office was rearranged to work in the sanitation and cleaning company. The labor relations were spanferred to the company, but the medical insurance was still not being served.

In April 2014, Ying Moumou held consultations with the District Environmental Hygiene Management Office and sanitation cleaning company several times, and asked the District Environmental Hygiene Department to make up for the old-age insurance premiums from January 1996 to July 2008 and the medical insurance premiums owed for many years. The sanitation sanitation company limited required 2 years of medical insurance and annual leave pay compensation, but the other side's attitude was not positive, and all the responses were being studied and procrastination. After the mediation was invalid, the Arbitration Commission ruled the case: a sanitation cleaning company limited paid 370 yuan in medical insurance and 1900 yuan in annual leave, and other requirements had already been applied. Limitation of arbitration No support.

In this case, in 1996, the Chinese and British government worked in the Environmental Health Management Office of a district for more than ten years, and did not apply for endowment insurance until 2008. It has been 8 years since the application for arbitration in 2014. Medical insurance payment It has also been over 2 years since the termination of labor relations with the environmental sanitation department, which has exceeded the time limit for applying for arbitration within one year of the labor dispute.

As for the demand for annual leave paid by the sanitation and cleaning company for two years, according to the regulations on paid annual leave for employees, the unit should give several days off to the workers who have not taken the annual leave. wages 300% of the remuneration due to the fact that the sanitation company could not prove that the British and Chinese took a new leave of absence, and the dispute occurred during the time limit for applying for arbitration. obtain The Arbitration Commission's support.

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Labor dispute mediation and Arbitration Law

The limitation period for application of the twenty-seventh labor dispute arbitration is one year. The time limit for arbitration shall be counted from the date when the party knows or should know that his right is infringed.

In case of disputes over the labor remuneration during the duration of the labor relations, the worker's application for arbitration shall not be restricted by the limitation period stipulated in the first paragraph of this article. However, the termination of labor relations shall be submitted within one year from the date of termination of the labor relations.

Regulations on paid annual leave for employees

The third workers have accumulated 1 years of work for less than 10 years, 5 days of annual leave, 10 days of annual leave for 10 years, less than 20 years, and 15 days of annual leave for 20 years.

The fifth units do not arrange for employees to take their annual leave due to their work needs. If the workers themselves agree, they may not arrange for their employees to take their annual leave. The number of days off should be paid by the workers, and the unit should pay 300% of the daily wage of the worker's daily wages.