Paid Annual Leave Is Not Enough To Rely On Laborers' Rights Protection.

In order to protect workers' right to leave, we need the relief of various rights of local governments.

On the one hand, the annual leave with paid leave is written into the labor contract, and the laborers' vacation right is guaranteed by the contract. On the other hand, the supervision role of the trade union is exerting, so as to make the laborers strive for the right to leave.

In addition, the annual leave with paid leave should be included in the scope of labor supervision, and judicial relief should be implemented.

No workers are arranged according to law.

In order to make the rectification work in place, the judicial remedies can be initiated and the responsibility of the employing units shall be investigated according to law.

According to the report, Mr. Yang resigned four years after working in an enterprise in Mianyang, Sichuan Province, and rescind the labor contract relationship in that month.

Because he didn't take the annual leave for two years, Mr. Yang sued the company to the court, demanding that he pay 300% yuan for his two-day 21 days' annual salary of 13902.11 yuan per day's salary.

After the first instance of the people's Court of Fucheng District of Mianyang and the second instance of the intermediate people's Court of Mianyang, the final result was obtained: according to the 300% of the daily wage income, the annual leave paid by the company was paid, and the company was sentenced to pay 13902.11 yuan to Mr. Yang.

Entry four years, not two years.

This is a common phenomenon.

Don't say that in the enterprise work, is in the administrative institutions, such cadres and workers are not in the minority.

But few workers maintain it in accordance with the law.

Today, when Mr. Yang and his company terminate their labor relations, they also sued the lawsuit division to defend their legitimate labor rights. They also sounded the alarm bell for protecting workers' right to leave, which is worth pondering by employers.

In 2008, the regulations on paid annual leave for workers provided sufficient legal basis for laborers to enjoy annual holidays with pay ranging from 5 days to 15 days a year.

But the reality is that "dare not rest" and "no rest" is still common. Many workers' right to leave is still on paper.

According to a national survey in early 2013, over 60% workers were unable to enjoy paid annual leave.

The root of the problem is that the unit leaders do not approve the annual leave, who will take the annual leave even if they absenteeism.

Because workers are always in a weak position compared with employing units. If there is no legal protection, they will inevitably lead to greater power than law, and each worker will only become a chess piece of employing units.

As far as we know, annual leave with pay should be arranged voluntarily by the employer. It is the compulsory obligation of the employer, rather than the need to be initiated by the workers. If the employer does not take the initiative to arrange the rest, it will not pay the reward.

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Ihering, a jurist, said: "the premise of all rights is to always be ready to assert rights."

Only when the workers voluntarily assert their legitimate rights and say no to the employers who infringe upon their rights, can they ensure their own paid leave.

However, in the case of paying annual leave or having a job, the laborers do not have equal playing ability and can only choose the latter.

Therefore, it is impossible to carry out annual leave with pay and rely solely on labourers' rights protection. They must also be strongly supported by public power to ensure the implementation of workers' leave right. Otherwise, public power will not be given strength, and "dare not rest" or "no rest" will still be heard.