Unit Refused To Leave To Prove That Who Paid For The Loss.

In March 2014, Mr. Fan went to a certain Industrial Co., Ltd. as a salesman, responsible for selling security doors, electronic equipment and so on.

When Mr. Fan was in office, he said, "you are a foreigner. If we buy social security for you, it will be very inconvenient for you to reimburse it in the future.

You can sign an agreement to voluntarily give up the purchase of social security.

When you leave, we will pay you the money for social security. "

Mr. Fan signed the agreement.

In April 5th this year, Mr. Fan took the initiative to propose to the company.

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After leaving, Mr. Fan quickly found a new company to engage in the sale of security doors.

The new company asked him to produce a proof of resignation when he entered.

However, the head of the personnel department of the original unit refused: "you did not buy social security. According to the relevant regulations of the company, the company can not issue a certificate of separation for you."

According to the lawyer,

"Article fiftieth provides that the employer shall terminate or terminate the labor contract when it terminates or terminates the labor contract.

。

Mr. fan can consult with the company first, and he can not complain to the local labor supervision team. The labor supervision team will order the unit to issue a certificate of separation.

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Xiao Zhang applied to A company to work in July 2014, and then resigned to B company in June 2015.

At the beginning of this year, Xiao Zhang resigned from B company and asked B company for his annual leave pay, which was rejected by the company.

Xiao Zhang applied to the local labor and personnel dispute arbitration commission to request the company to pay 300% days' annual salary of 5 days and a total of 1500 yuan.

B argued that Xiao Zhang did not enter the company until June 2015. He resigned in January 2016 and left the company for less than 12 months.

According to the trial of the Arbitration Commission, the third provision of the regulations on paid annual leave for employees stipulates: "the accumulative work of employees has been completed for 1 years, less than 10 years, and the annual leave is 5 days; the 10 year's less than 20 years' annual leave is 10 days; the 20 year's annual leave is 15 days."

The third article of the implementation measures for paid annual leave for employees of enterprises stipulates: "workers who enjoy continuous work for more than 12 months shall be entitled to paid annual leave."

The reply to the relevant issues on the implementation of the annual paid leave for enterprise employees (human society Office No. 2009] No. 149) clearly states that the "third consecutive workers' work for 12 months or more" in the implementation method of paid annual leave for staff and workers includes both workers' continuous work for more than 12 months in the same employer, as well as the continuous employment of employees in different employers for more than 12 months.

Therefore, Xiao Zhang has the legal basis to ask for annual leave treatment.

But Xiao Zhang was only a B employee in June 2014 and could not enjoy 5 days of annual leave.

The fifth provision for the implementation of paid annual leave for enterprises is stipulated in the following article: "the new employer of employees and those in accordance with the third provision of these Measures shall be converted to determine the number of days off during the annual period according to the days remaining in the unit, and those who are less than 1 days after conversion shall not enjoy the annual leave.

The conversion method stipulated in the preceding paragraph is: (when the days of remaining calendar days in the unit are 365 days), the number of days of annual leave that employees should enjoy in their entireties.

Xiao Zhang should calculate the days of paid annual leave in proportion and only enjoy 3 days of annual leave.

In the end, the Arbitration Commission ruled that B company paid 3 dollars 300% of the annual leave to Xiao Zhang for a total of 900 yuan.