The Dispatched Workers Can Also Enjoy Annual Leave.
Workers who are eligible for annual leave can enjoy annual leave, regardless of labor dispatch or other forms of employment.
In March 2014, Zhao signed a 2 year labor dispatch contract with a labor dispatch company in Ji'nan, and was sent to an industrial company in Ji'nan.
At the end of 2015, Zhao asked the industrial company to take 5 days' paid annual leave but was refused.
In March 2016, when Zhao and a labor dispatching company terminated the contract, they applied to the local labor and personnel dispute arbitration committee to request the industrial company to pay 300% of the 5 day wages of the unpaid annual leave, which amounted to 3600 yuan.
The Arbitration Commission concluded that the staff members were
Paid Annual Leave
The second provision of the regulation stipulates that "workers, such as organs, organizations, enterprises, institutions, private non enterprise units, employees of individual businesses, etc., who have worked for 1 consecutive years, enjoy paid annual leave."
The third provision for the implementation of paid annual leave for enterprises is stipulated in the following article: "workers who enjoy continuous work for more than 12 months shall be entitled to paid annual leave."
The fourteenth rule: "
labor dispatch
If the workers of the unit meet the conditions stipulated in the third provision of these measures, they shall enjoy the annual leave. "
In this case, Zhao was dispatched to an industrial company and worked for more than 12 months. In 2015, he should enjoy 5 days of annual leave.
According to the "implementation method of paid annual leave for enterprise employees", no annual leave is paid on a daily basis.
wages
The income is 300% paid.
Finally, the Arbitration Commission ruled that an industrial company paid 3600 yuan of annual leave for Zhao.
Related links:
"Partial mediation" and "advance ruling" as the innovative mode of Shanghai Baoshan District labor and personnel dispute arbitration court were first implemented in Shanghai.
First part of the ruling and partial mediation are made for the fact that the parties concerned have confirmed the correctness.
It is understood that since April 2016, the worker Yin has been defaulted for a long time by the company.
Yin submitted an arbitration application to the Baoshan District labor and personnel dispute arbitration commission of Shanghai, demanding that the company pay arrears of wages, non annual leave salaries and financial compensation.
After understanding the living conditions and economic conditions of the individual, the arbitrator made a preliminary ruling on the request of the unit to pay 3526 yuan from June 1, 2016 to July 6, 2016.
The first adjudication not only speeded up the progress of the case trial, but also played a positive role in alleviating the labor dispute.
Yin's aid lawyer believes that the company is in a state of discontinued production, and that it will take time to implement it.
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