Legal System: Employee Violation, Can Statutory Annual Leave Sell?

In July this year, an employee of a company was released from the labor contract on the grounds of serious violation of discipline due to drunkenness during his stay.

However, when the employee was in the process of resignation, he claimed that he had not paid a statutory annual paid leave in 2016, and demanded that the company compensate the company in proportion.

The company leader believed that the employee was seriously violating the discipline and was relieved.

Therefore, no compensation should be given.

Then, the employee is not statutory.

Should it be compensated?

In this case, although employees have been relieved of their labor contracts due to serious violation of discipline, this does not affect employees' statutory pay annual leave in accordance with the law.

Based on the fact that the company has already handled the resignation procedures for employees, it is no longer possible to arrange for employees to enjoy the corresponding paid annual leave in accordance with the law. Therefore, the company can only make corresponding compensation according to law.

Measures for the implementation of paid annual leave for enterprise employees

Article twelfth when the employer or Employee terminates or terminates the labor contract, if the employee is not entitled to a sabbatical leave for the year, he shall convert the number of days off for the rest of the year according to the working time of the employee, and pay the annual salary for the annual leave. However, the portion that is less than 1 days after the conversion shall not be paid for the annual leave.

。

The conversion method stipulated in the preceding paragraph is: (when the year has passed the calendar days in the unit, 365 days), the number of days of annual leave that the employee should enjoy throughout the year - the number of days that have been arranged for the year in the year.

The number of days in which the employer has arranged the annual leave for the employee is more than the number of days when the annual leave should be converted.

To enjoy paid annual leave according to law is the basic right to rest after the law gives laborers a continuous long time.

Therefore, whether workers enjoy the right to leave is only related to the working hours of laborers. The longer the working hours of workers, the longer the annual statutory leave can be enjoyed by law.