You Can Say "NO" When You Violate The Right To Rest And Leave.

With the advent of the "May 1" holiday, the right to rest and vacation involving personal interests has once again become a hot topic for workers.

What constitutes overtime work? Can newly recruited employees enjoy paid annual leave? Is it okay to arrange for a rest on duty during the statutory holidays? In view of the problems reflected by these workers, recently, the official micro-blog and WeChat public numbers of the Zhenjiang Federation of trade unions in Jiangsu province have issued the third warning information on rights No. 4 this year, which reminds the workers and staff members that they are alert to the 4 types of violations of the right to rest and leave for employees. In the face of these violations of the right to rest and leave, they can say "NO".

"Phenomenon", "do not want to work overtime? OK, then you can finish the work while you are at work. The company has not forced you to work overtime!" some units arranged an obvious overwork task, giving the reason which seemed so reasonable.

Some units, regardless of their staff's feelings, arrange overtime work arbitrarily, and even treat workers who do not obey the overtime arrangement according to absenteeism and violation of discipline.

Workers tend to swallow their jobs to save their jobs.

The "rights protection prompt" and "labor law" stipulate that workers should be allowed to work overtime for more than 3 hours per day, not exceeding 36 hours per month, and at least 1 days a week.

Violation of the above criteria constitutes a "overtime overtime".

Employing units to arrange excessive work assignments is a disguised form of compulsory overtime work.

The labor law also makes it clear that unless natural disasters, accidents or other reasons have to be arranged for workers to work overtime, units must consult with trade unions and workers before they can extend their working hours.

That is to say, units must not force or disguise employees to work overtime without consultation.

If the above illegal situation occurs, workers may report complaints to the labor and social security administrative department.

Illegal behavior two: just finish with rest, and overtime is not standardized.

"Phenomenon", "Xiao Li, 'May 1" has nothing to do with it? You use the holiday to deal with it and turn back to you. "

It is estimated that many workers are not strangers.

Some units arrange for workers to work on statutory holidays, or shift workers are on shifts in statutory holidays only to arrange for workers to make up for rest and to stop the rest. Some units pay for overtime wages on the basis of comprehensive calculation of working hours, and do not pay overtime wages according to the law. Some even refuse to pay wages on the grounds of holidays and no attendance.

According to the labor law and other laws and regulations, "rights protection tips"

Employees should be arranged to rest and pay wages according to law.

Statutory holiday arrangements for workers to work, pay no less than three hundred percent of the wages of wages.

At the same time, it is only applicable to the extension of working hours on statutory working days or the arrangement of working on rest days, which can not be applied to overtime work on statutory holidays.

If there are disputes, employees can claim their demands through legal means such as labor arbitration.

"Phenomenon", "Lao Wang, although you have been in the work for many years, after all, you have just come to work here, so you have to take an annual leave and do not comply with the company's regulations."

Individual units take the workers who are just 1 years old, or ask for leave of absence or sick leave for more than a year's vacation days as an excuse. They do not agree with the workers' leave. Some employees are not allowed to go out for recuperation or travel for the annual leave without the consent of the staff. Some employees are not voluntarily proposed to take the sabbatical leave for the year, and some units do not pay the annual leave allowance according to the law.

The "rights protection tips" and "Regulations on paid annual leave for employees" stipulate that the starting time of annual leave calculation is based on the participation of workers, and the number of days off is confirmed according to the cumulative social service age of employees.

Employees who have worked for 1 years can enjoy annual leave.

At the same time, employees who do not enjoy annual leave are limited to 5 situations, such as workers enjoying summer and winter vacation, employee's leave of absence for more than 20 days, and units not deducting wages according to the regulations and the sick leave of the corresponding period.

In addition, employees who did not apply for leave voluntarily can not be regarded as giving up voluntarily.

The number of days off should be paid by the workers, and the unit should pay three hundred percent of the employee's daily wage income (including normal wages).

If employees have doubts about the number of days they enjoy the annual leave, they can make a complaint by calling 12333.