No Written Offer To Give Up The Annual Leave Should Pay Three Times The Salary.

Lee, a 2013 year old company hired in Ji'nan, left the company earlier this year to find another job.

Before leaving, Li said he did not take his annual leave in 2015, and asked the company to give compensation.

Li Mousui applied to the local labor and personnel dispute arbitration commission for the company to pay 5 days off in 2015.

According to the 300% standard of daily wage income, the wage balance is reissued by 1400 yuan.

The company argued that the company had repeatedly asked Li whether he wanted to take his annual leave, and Li said that he did not have any reason to pay his vacation.

According to the trial of the Arbitration Commission, the employees of the enterprises are paid.

The tenth provision of the implementing measures stipulates: "the employer does not arrange annual leave with the consent of the employee or the number of days for the employee to take the annual leave is less than the number of days off. The number of days off should be paid for the rest of the employee in this year, and the annual salary of the annual leave shall be paid according to 300% of the daily wage income, which includes the employing unit paying the wages of the workers during their normal working period.

The employer arranges for the workers to take their annual leave, but the employee has made an annual leave of absence due to his own reasons.

They can only pay their wages during their normal working hours. "

In this case, even if Li Mouceng proposed oral vacations for years, the company had no evidence because it had not written materials. It should bear the legal liability of proof, and pay 5 days' annual salary for 2015.

Finally, the Arbitration Commission supported Li's proposition.

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The so-called layoffs, China's "labor law" laid off specifically refers to economic layoffs, is the reason for the employer's termination of the labor contract.

It refers to the behavior of a centralized employee to dismiss employees in accordance with the law.

Enterprises carrying out economic reduction of personnel can reduce redundant personnel arising from changes in production and operation conditions.

Pay cuts, changing jobs, changing jobs...

Unlike the hard lifting of contracts, some companies adopt a seemingly gentle but tortured disguised way of layoffs, leaving many employees in retreat and forcing employees to resign voluntarily.

Such layoffs are commonly referred to as "soft layoffs".

During the survey, when asked, "are you experiencing soft layoffs?" "how do you see soft layoffs?" these problems, many of the employees interviewed poured water.

In fact, no matter "soft layoffs" or the way of layoffs, enterprises and workers are relieved of their labor contracts.

In this way, we can find the corresponding laws and regulations in our labor contract law.

Cao Yan, lawyer of Beijing Tan Cheng law firm, told reporters that in the face of "soft layoffs", employees should not be afraid, and it is the absolute principle to take the initiative to safeguard their legitimate rights and interests according to law.

Cao Yan said that in the labor contract law, there are thirty-fifth provisions to allow posts to be pferred: the employers and workers can change the content stipulated in the labor contract through consultation.

Change of labor contract shall be in written form.

The employer and worker shall hold one copy of the revised labor contract.

The so-called "soft layoffs" is actually a phenomenon caused by the fact that there is no consensus on changing the labor contract. In this regard, Cao Cao suggested that for the purpose of mobilizing jobs and locations, workplace people should learn to use the labor contract to protect themselves, and clearly stipulate jobs, job positions, work contents, working places, working hours and wages in the "labor union".

"As long as the workers do not agree to change the labor contract and the employing units enforce these means, they will fall into a breach of contract. The workers can complain to the labor supervision team and use the administrative force to force the user to rectify the breach of contract.

Or seek help from relevant organizations such as labor dispute mediation centers, and safeguard their rights according to law.

For those who have decoy laborers to say that they will be able to compensate for their resignation letters, they must not be convinced. If they are to be written, they must write out the reasons for their resignation. If the employer fails to pay the full amount of labor remuneration in time, or fails to provide labor conditions or labor protection according to the agreement, such disputes may become evidence later.

When it comes to "soft layoffs", the situation of waiting for a job and the minimum wage is indefinitely, Cao Yan said, according to the law, only in two cases, the employer can have the right to pay the minimum wage: first, stop work and stop production, resulting in staff being laid off; two, it is agreed with employees.

"If the practice of the enterprise does not meet the above two situations, it is illegal to only pay the minimum wage to the employees."

Cao Yan admitted: "in recent years, because of the so-called" soft layoffs "arising from more and more labor disputes, workers also need to pick up legal weapons and protect their legitimate rights in accordance with the law. Therefore, when faced with enterprises trying to unlawfully dissolve the labor contract, workers should seriously retain relevant evidence for future labor disputes may be fully prepared.