The Unit Does Not Have To Pay Three Times The Annual Leave.

In the twinkling of an eye, it is the end of the year, but many people have not completed their annual leave yet.

Yesterday, the third central hospital issued a reminder that enjoying paid annual leave is an important right for laborers. Employers should arrange employees to take annual leave according to law. If the unit is not arranged, they should be paid off.

The unit must be approved by the staff if it takes a group tour or other activities to meet the annual leave.

In January 1, 2015, Xiao Su signed a labor contract with the company, and the two sides terminate their labor relations in January 18, 2016.

Xiao Su asked the company to pay for its overtime pay and annual leave.

Xiao Su thinks that since he joined the work in 1988, he has accumulated more than 20 years of work. He should be entitled to 15 days' paid annual leave every year from the date of entry to the company. If he did not take his annual leave in 2015, the company should pay the annual leave for him.

However, the company argued that in 2015, when Xiao Su worked for less than 12 months in his unit, he should not be entitled to annual leave, so the company did not have to pay annual leave for Xiao su.

The court tried to support Xiao Su's request to pay the annual leave of 15 days in 2015.

According to the regulations on the implementation of paid annual leave for enterprise employees,

If you have worked for more than 12 months, you will be entitled to paid annual leave. "

Among them, "workers' continuous work for more than 12 months" should be understood to include both workers' continuous work for more than 12 months in the same employer, including the continuous work of employees in different employers for more than 12 months.

That is to say, workers who have been working for more than one year have the qualification to enjoy annual leave. The work experience of the year is not limited to the current employer, nor is it restricted to the same household unit.

In addition, if the employer agrees not to arrange annual leave with the consent of the employee or to arrange the number of days off for the employee's annual leave less than the number of days off, the number of days off should be paid in the current year, and the annual salary shall be paid in accordance with 300% of the daily wage income.

Of course, if the employer arranges for the workers to take their annual leave, the employer may only pay his normal wages during his normal working period because of his own reasons and his written annual leave.

Xiao Zhang entered the company in January 1, 2014. In September 10, 2015, he paid the company's wages and the company's labor relations in due course, and demanded payment of the financial compensation for the labor relations and the annual leave.

Xiao Zhang thinks that he should enjoy 5 days' annual leave from January 1, 2015, and the company does not arrange annual leave, so it is required to pay the annual leave of wages during the period of work according to 300% standard.

The company recognizes Xiao Zhang should have an annual leave from 2015 and Xiao Zhang does not take the annual leave. However, he advocated that Xiao Zhang left the company voluntarily at the end of 2015. Instead of paying the annual leave in 2015, the company did not agree to pay the annual leave.

The court ordered the company to pay the annual leave of 3 days for Xiao Zhang.

According to the employees of enterprises

According to the provisions of the implementing measures, "when the employer or the Employee terminates or terminates the labor contract, if the employee is not allowed to take the sabbatical leave during the year, he shall convert the number of days off for the rest of the year on the basis of the working time of the employee in the year and pay the annual salary for the annual leave." however, the portion that is less than 1 days after the discount is not paid for the annual leave. "

In the above provision, the statement of "termination or termination of employment contract between employers and employees" is only for the description of the end state of labor relations, the annual leave of employees should be paid off in the middle of the year, and the corresponding annual leave wages should be converted. The conversion is not affected by the specific reasons for the end of labor relations.

Therefore, according to the specific work situation of Xiao Zhang in 2015, the company should pay 3 days' annual leave wages to Xiao Zhang, and less than 1 days of the whole day will not pay the annual leave wages.

Small class June 1, 2011 entry company, October 20, 2013, and company termination

。

The latter class required the company to pay compensation for illegal labor relations and annual leave.

In this regard, the company said that the company organized the small class team to travel to Thailand for 7 days in June 2012, and to Beidaihe for 5 days in June 2013, so the small class has no right to claim the annual leave pay.

Small class accreditation has been to Thailand and Beidaihe, but it is said that arranging travel is not a personal vacation. This way is not agreed by the small class, and it is also working during the scheduled travel period, so it can not enjoy the annual leave treatment. The company should pay the annual leave pay during its service.

The court tried to support the request of the small class to pay the annual leave.

Workers have the right to arrange their vacation time and way of their own. Employers should arrange annual leave for employees, but they should also respect their employees' personal wishes at the time of arrangement.

If the employer arranges collective outbound travel instead of vacation, if it claims that the number of days of annual leave should be offset by this period, it should be proved that this way is a prescribed leave of absence or a legal and effective regulation in the unit.

If the above conditions are not available, arranging tours is not the case of workers enjoying annual leave.

In this case, the company failed to provide evidence that it had agreed on the annual break with the small class during the period of group outing. Under the condition that the small class was not recognized, it should be determined that the collective tour of its organization could not be broken into the annual leave of the small class, and it should still pay the annual leave for the small class.