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    Unit Collective Tourism Can Not Take The Place Of Personal Annual Leave.

    2016/4/5 22:29:00 29

    Unit ActivitiesGroup ToursPersonal Annual Leave

    In August 2004, Xu graduated from Ji'nan University into a technology company.

    Because Xu is smart and competent, he is appreciated by company leaders and has been rewarded repeatedly.

    Last year, because Xu worked well, the company arranged for Xu and other outstanding colleagues to take part in a 7 day trip abroad and a 5 day domestic tour.

    By the end of the year, Xu planned to travel to Hainan with his girlfriend, so he proposed to the company to take 10 days' annual leave, and the result was refused by the company.

    The reason for the company's refusal is that Xu has taken part in a 12 day collective tour arranged by the company and is not entitled to enjoy 10 days of annual leave.

    At the beginning of this year, Xu left the company for various reasons, and then disputed to the local labor and personnel.

    Board of arbitration

    An application is made to require the company to pay 5600 yuan for the unpaid annual leave.

    The Arbitration Commission heard that

    Workers

    The third provision of the regulations on paid annual leave stipulates that workers have accumulated 10 years' work for less than 20 years, and the annual leave is 10 days.

    Xu can enjoy 10 days' annual leave, enjoy the annual leave treatment according to law, and have the right to arrange vacation time and way of his own.

    The arrangement of collective outbound travel by employers is a reward or welfare, which can not replace individual annual leave.

    The fourth provision stipulates that workers who do not enjoy the annual leave of absence in one of the following circumstances: workers enjoy the winter and summer holidays according to law, and the number of days they take off is more than that of the year.

    Vacation days

    The staff and workers shall ask for a leave of absence for more than 20 days and the unit does not deduct wages according to the regulations; if the worker who has accumulated 10 years' work for less than 20 years, the sick leave shall be accumulated for more than 3 months.

    Xu's situation is not within the above range.

    The fifth provision stipulates that the number of days off should be paid by the employee, and the unit shall pay 300% of the annual salary of the employee on the basis of the wage income of the worker's day.

    Xu asked the company to pay for the compensation for unpaid annual leave, which was based on the law.

    Finally, the Arbitration Commission supported Xu's proposal in accordance with the law.

    Related links:

    Mr. Zhang: in September 2014, I was recruited as a logistics department by a decoration company, with a monthly salary of 2000 yuan.

    In January 1, 2015, the company signed a two-year labor contract with me and began to pay social insurance premiums for me.

    In the middle of second months, when the salary was released in January, the unit said that the cash flow of the company was difficult, but it would be delayed for a while.

    At the end of October 2015, the unit said there was no business for us to find another job.

    At this point, the unit has already defaulted on my 10 month salary of 16 thousand yuan (when I came home, I borrowed 4000 yuan from the company).

    I asked the company to clear all the wages before leaving the unit.

    The manager consulted with me and said that he would give it to me when the customer called the project, and I agreed.

    After a few days, I heard that several projects have arrived, but the company has been dragging no pay.

    Every time I call, the manager doesn't pick up or hang up.

    Neither the company nor the manager has ever paid me IOUs. Can I still have my salary back?

    Yang Xuefeng: Hello, "the Interim Provisions on wage payment" seventh stipulates that wages must be paid on the date agreed between the employer and the laborer.

    Wages are paid at least once a month.

    The ninth rule stipulates that when a labor contract is terminated or terminated by a labor contract in accordance with the law, the employer shall pay the worker's wages once he terminates or terminates the labor contract.

    The ninth provision of the wage payment in Beijing stipulates that the wages paid by the employing unit to the workers shall be paid in full in accordance with the prescribed date, and shall not be deducted or unreasonably defaulted.

    The thirteenth provision stipulates that 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.

    It is against the above regulations that the company is in arrears with your wages. In order to safeguard your legitimate rights and interests in time, it is suggested that you report complaints to the labor administrative supervision department of the company where you are located, or apply for arbitration to the labor dispute arbitration committee.


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