Is It Necessary For Employers To Approve Annual Leave?

Chen applied for an online job search and entered a home appliance sales company, engaging in customer service posts.

The two sides signed labor contracts from February 1, 2014 to January 31, 2016.

Chen loves traveling and meets with his friends every year for a long distance tour.

At the end of 2014, because of the need to travel, Chen proposed to the company that the annual vacation of 5 days would be over.

After receiving Chen's request for leave, the company told him: "customer service is busy at the end of the year.

There is no way to arrange personnel to work in shifts, hoping to split up the annual leave or use it after another year.

Due to the scheduled travel schedule, Chen received disapproval after receiving the reply, and still went on a tour according to the original plan.

When Chen traveled back to work, he received the notice of dissolution of the labor contract issued by the company.

On the grounds of absenteeism for 5 days, the company relieved Chen from the serious violation of discipline.

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Chen believed that the company had broken the labor contract and then applied for arbitration to the local labor and personnel arbitration commission, which required the company to resume its labor relations.

Chen said: "workers and staff members

The regulations stipulate: "workers who enjoy continuous work for more than 1 years shall be entitled to paid annual leave".

Therefore, enjoying the annual leave is the right of the law to the employees.

Employees have the right to decide whether to enjoy or enjoy annual leave.

Therefore, it is clear that the company's handling of annual leave by absenteeism is a violation of the law.

The company believes that the law gives employees the right to enjoy annual leave, and also gives employers the right to arrange annual leave for employees.

Therefore, according to the production needs, the company does not approve the application of Chen's leave, which is a legitimate exercise of his rights.

Chen ignored the decision of the company. Absences from absences are part of absenteeism. The company has the right to terminate its labor contract according to the rules and regulations.

After hearing, the Arbitration Commission held that employees enjoy the right to enjoy annual leave, but employers have the right to arrange annual leave for employees according to the specific circumstances of production and work.

It is not inappropriate for the company to make a reasonable arrangement for the annual leave plan on the basis of the busy customer service at the end of the year.

Chen had been absent from work without knowing that the company was allowed to leave.

It is not against the law of the company to terminate its labor contract in accordance with the rules and regulations. It does not support Chen's request for resumption of labor relations.

This case is a labor dispute triggered by an employee's annual leave.

The focus of controversy in this case is whether the right to arrange annual leave belongs to the employees themselves or the employing units.

The regulations on paid annual leave for workers, implemented in January 1, 2008, give employees the right to enjoy annual leave.

Subsequently, the Ministry of personnel and Social Affairs issued the "implementation method of paid annual leave for enterprise employees", and refined the regulations.

According to the regulations, "workers who enjoy continuous work for more than 1 years shall be entitled to paid annual leave.

The accumulative work of workers has been completed for 1 years or 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 regulations also stipulate: "units do not arrange annual leave for workers because of their work needs, and they can not arrange annual leave for employees after their own consent.

In respect of the number of days off which workers should rest, the unit shall pay the annual leave pay in accordance with 300% of the wage income of the worker.

It can be seen from this that enjoying the annual leave is the right of the law to the employees, that is to say, the decision to rest is still decided by the staff.

So how is the right to decide whether to rest is in the hands of employees? "Regulations" stipulate: "the unit shall make overall arrangements for staff annual leave according to the specific circumstances of production and work, and considering the wishes of employees themselves.

Annual leave can be arranged centrally in 1 years, and it can also be arranged in a piecewise manner.

Because of the characteristics of production and work, it is necessary for the unit to arrange annual leave for employees, and it can be arranged in 1 years. "

Therefore, the overall arrangement right of annual leave belongs to the employing unit, and how to stop the Employer from having the final decision in the case of considering the wishes of employees.

Therefore, in this case, Chen is still very unwise when he does not approve his annual leave application.

It also led to the termination of the labor contract.

Of course, in the case of the case, the company provided evidence of busy customer service at the end of the year, which was used to prove the reasonableness of not approving Chen's leave.

If in practice, the employer's annual leave application without justified reasons is a violation of the workers' leave right.