Employees Do Not Necessarily Have To Work In A New Unit For A Full Year.

Zhang has signed a labor contract from a labor agency company in October 8, 2013 to December 31, 2014. The company dispatched Zhang to a Qingdao branch of a property company.

Since January 1, 2015, Zhang has directly entered into a labor contract with a property Qingdao branch for a period from December 31, 2015 to December 31, 2015.

For personal reasons, Zhang resigned from a Qingdao branch of a property on 22 July 2015 and asked the branch to pay for his 2015 year.

Wages.

A property Qingdao branch said that according to the labor contract signed by both sides, the starting date of Zhang's work was January 1, 2015, and the contract was lifted until July 22, 2015, and Zhang only worked for 7 months.

According to the second provision of the annual regulations on paid annual leave for employees, the employees of a company will continue to work for over 1 years until they have paid annual leave.

Zhang refused to submit an arbitration application to the local labor and personnel dispute arbitration committee, requesting a property Qingdao branch to pay 2000 yuan of paid annual leave in 2015.

According to the trial of the Arbitration Commission, the second article of the regulations on paid annual leave for employees stipulates that employees of organs, groups, enterprises, public institutions, private non enterprise units, employees of individual businesses and other units who work continuously for more than 1 years shall be entitled to paid annual leave.

However, the law does not specify how to calculate the length of service of employees. In practice, it is usually confirmed by effective personnel evidence, such as personnel records, social insurance payment records, and certificate of resignation issued by employers.

Since January 1, 2015, Zhang has entered into a labor contract with a Qingdao branch of a property, but Zhang has worked with the labor dispatching company for the labor contract from October 8, 2013 to December 31, 2014 and has actually fulfilled it. So since October 8, 2013, Zhang has worked for over 1 years.

According to the fourth provision for the implementation of annual leave for enterprise employees, it is stipulated that workers should work for the same or different employers during the period of work and in accordance with laws, administrative regulations or State Council regulations.

Therefore,

As long as the cumulative continuous work has been completed for 12 months, the employee will be entitled to annual leave with pay, and employees will no longer be satisfied with the continuous employment for 1 years in the new employer.

"Twelfth measures for the implementation of paid annual leave for enterprise employees" stipulates:

When a worker terminates or terminates a labor contract with a worker, if the employee is not entitled to a sabbatical leave during 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 leave pay, but after 1 days of conversion, the part does not pay 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 2015, Zhang had a calendar day of 203 days in a property company in Qingdao. The number of days with paid annual leave should be counted as (203 365 365) x 5=2.78 days, and the number of 0.78 days less than 1 days would not be counted as the annual leave.

Finally, the Arbitration Commission decided that a Qingdao branch of a property would pay 1839.08 yuan for 2015's paid annual leave.