Legal Support For Annual Leave

1, paid annual leave can "pfer off"?

He graduated from university a year ago, and was eager to get a job in a small family owned workshop. The company had poor production environment, low wages, no labor insurance and no labor protection measures.

Recently, a large private enterprise recruitment, Ho Mou resigned from this small private enterprise's work, applied for the work environment is good, has the labor insurance, the salary is relatively high this large-scale private enterprise.

Now, he has worked in the large private enterprise for nearly six months.

In the face of the arrival of new year's day and Spring Festival, enterprises are arranging annual leave for employees.

Because he had been in the small business and had worked for 12 months in the big business, he wanted to take his girlfriend home with new year's day or Spring Festival together with the annual rest.

However, the labor division of the enterprise told Ho Ho: "the new official ignored the old debts".

He does not count his work age in small businesses, and he works less than one year in this enterprise. He can no longer enjoy it.

Treatment.

Paid annual leave can be "

"Not only can the annual leave of last year be pferred to the next year, but also the employees' work hours in the old units can be pferred to the new units.

The second regulations of the State Council on the annual leave of pay for workers are stipulated in the following regulations: organs, groups, enterprises, public institutions, private non enterprise units, employees of individual businesses and other units have worked for 1 consecutive years and are entitled to paid annual leave.

The unit shall ensure that employees enjoy annual leave.

Employees enjoy the same wage income during the annual leave period.

Does the "one year" include the working hours of the workers in the external units? The "implementation method of paid annual leave for enterprise employees" is stipulated in the fourth clause: the number of days for annual leave is determined according to the cumulative working hours of employees.

Workers shall be regarded as accumulative working hours in the same or different employing units and in accordance with laws, administrative regulations or State Council regulations.

The reply of the general office of the Ministry of human resources and social security on the relevant issues concerning the implementation of the annual paid leave for employees of enterprises (human society Office No. 2009] No. 149) is further clarified: "the implementation of the annual paid vacation for enterprise employees" in the third article, "workers' continuous work for more than 12 months," includes both workers' continuous work for more than 12 months in the same employing unit, and also the continuous employment of workers in different employers for more than 12 months.

It can be seen that the workers work outside the unit.

It can be counted as "consecutive one year" in paid vacation.

Mr Ho's argument and practice of "ignoring old debts" is wrong.

2, can annual leave with pay be concentrated?

After graduating from a finance school, he worked as a cashier in a large garment city.

Over the years, before the festival is the clothing sales industry in the peak season, after the Festival becomes cold and unsalable.

Recently, the clothing city started its promotional activities before the start of the festival, including discounts, coupons and other promotions, and the employees worked overtime. Even if the whole staff stopped working on Sunday, they still did not have enough moving hands.

Taking into account the differences in the pace of work before and after the festival, the clothing city has recently stipulated that all teams must arrange for the employees to have paid annual leave after one month of the Spring Festival, otherwise they will no longer enjoy the annual leave treatment.

Some employees want to know: is the practice of clothing city legal?

Statement:

Whether the annual leave can be repaid ahead of schedule, delayed or concentrated, and the regulations on paid annual leave for employees do not specify.

However, in the fifth article, "the unit can make overall arrangements according to the specific circumstances of production and work", but the "arrangement" here must take into consideration the wishes of employees.

It is contrary to the above provisions if the staff are not consulted, and the employees are forced to complete, cease and enjoy the prescribed period of time.

It is safe to say that the so-called "no annual leave in a certain period of time and no longer entitled to paid annual leave" is a violation of the right to pay annual leave with employees.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.