Who Will Know The Sorrow Of Losing His Annual Leave After His Resignation?

Mr. Yang resigned 4 years after working in an enterprise in Mianyang, Sichuan, and terminate the labor contract relationship in that month.

After two years of no annual leave, Mr. Yang filed a lawsuit against the company after being rejected by the labor arbitration commission.

In October 28th, the reporter was informed that by the first instance of the court of Fucheng District of Mianyang and the second instance of the Mianyang intermediate people's court, the case was final: in the current year, the number of days off for employees should be paid, and the annual salary of the annual leave was paid according to 300% of the daily wage income, and the company was sentenced to pay 13902.11 yuan to Yang.

It should be said that Mr. Yang is lucky.

After all, the court supported Mr. Yang's claim.

But Mr Yang's road to safeguarding his rights is rather bumpy.

From the forbearance during the service to the right of resignation and the loss of labor arbitration, the long wait of the second instance of the court of first instance is not everyone's persistence and luck.

More people dare not quit their jobs easily, nor do they have the courage and energy to go to court with employers.

Examples of unpaid annual leave and unpaid overtime pay are common.

With regard to the right of workers to take leave, many laws and regulations, such as the labor law, the labor contract law, the regulations on annual paid leave for employees and so on, have been clearly stipulated.

However, due to the lack of specific supporting measures and the lack of rigid constraint mechanism, many workers do not get the right to leave, including annual leave, overtime work and the deduction of overtime pay.

Despite the increasing demands on the government to enforce paid holidays, the Ministry of personnel and social affairs has also promulgated the implementation measures for paid annual leave for employees, and "regular home visits" have been written into the law, but the implementation of paid vacation is not ideal.

According to the statistics of relevant units, only 30% of the workers with paid vacation can be paid in China each year, and 21.8% of the workers are eligible for the vacation, but they never get paid vacation, and there are 26.3% of them.

"Occasionally enjoy" paid vacation.

Compared with state-owned enterprises and institutions, private enterprises have become the "worst hit areas" where employees can not take paid leave.

During the financial turmoil, CPPCC members even suggested that the system of paid annual leave for employees should be suspended.

The reason is "rice bowl is more important than welfare".

A company in Shanghai asked all employees to work overtime on May Day for a long time, and actuarial 480 hours a day for 8 minutes, so that employees could leave work 2 minutes earlier to make up for rest.

The statutory holidays were dismembered.

The realistic context can be imagined.

Although the current labor shortage is coming, employment difficulties and labor shortage co-exist.

From the perspective of the relationship between supply and demand and game ability of labor and capital, the implementation of paid vacation has the bottleneck problem of laborers' rights.

In addition to the annual vacations of government departments and institutions, and the summer and summer vacations in schools, employers do not give paid vacation to their employees.

It is hard to guarantee that the right to take leave of a small workshop and private enterprise employees is not guaranteed.

Although workers are unwilling to give up paid holidays, paid vacation can not be compared with fragile rice bowls.

Moreover, paid leave still has the problem of scattered vacation time, the difficulty of obtaining evidence from the work arrangement of the unit and the law enforcement department.

According to the information, in the European and American countries, employers will pay a heavy compensation price if they do not carry out the paid vacation. The high illegal cost has contributed to the implementation of paid vacation system.

In our country, though

The regulations on paid annual leave provide legal guarantee for workers to strive for the right to speak.

Tens of thousands of laborers insist on creating an atmosphere of public opinion for paid leave.

However, due to the higher cost of laborers' rights protection, the lack of penalty rules for illegal employers, and the weak enforcement power of law enforcement departments (which is rejected by Mr. Yang's early leadership and arbitration), some of the employer's profit vessels do not run into moral blood, and many workers' rights to paid leave are still mercilessly deprived.

Laborers themselves need more support from the legal system.

On the one hand, the functional departments should publicize laws and regulations in order to let employers and workers know the right to take paid leave. On the other hand, they should take the initiative to attack the illegal employers, and seriously accept the workers' complaints. Whoever violates the bottom line of violating the workers' leave right and deducting the salary of the class, it is necessary to correct mistakes and punish them.

It makes the employer feel that the right to leave the workers and the overtime pay are not worth the candle.

At the same time, we must improve the status of the trade union. The trade unions represent employees and employers to negotiate the rights and benefits of laborers, maintain the right of workers to leave, and support the dignity of their employees.