Can The Annual Leave With Pay Be Pferred?

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".

His work hours in small businesses are not counted, and the time of working in this enterprise is less than one year. He can no longer enjoy the treatment of paid annual leave.

Explanation: 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.

Staff in the year

Enjoy the same wage income during the normal working 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.

Employees in the same or different

During the period of work and in accordance with laws, administrative regulations or State Council regulations, they should be regarded as accumulative working hours.

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 time of working outside the unit can be included in the "consecutive year" of paid vacation in the unit.

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

Related links:

Not long ago, I found an enterprise. I was asked to take part in the training of the training school before entering.

Thousands of Yuan training costs I bear, I temporarily brain heat and training school signed a training agreement.

Is the request of this enterprise legitimate? I have not yet participated in the training. Now I have to go back on it. Do I have to pay 20% penalty for the training school according to the agreement?

Chen Weikun, lawyer of Fujian Lun Lun law firm, "the first paragraph of article sixty-eighth of the labor law" stipulates that "employers should set up a vocational training system, extract and use vocational training funds according to the state regulations, and carry out vocational training for workers according to the actual situation of the unit".

The twenty-eighth law of the vocational education law stipulates that "enterprises should undertake the cost of vocational education for their employees and those who are prepared to employ them. The specific measures shall be prescribed by the relevant departments under the State Council in conjunction with the financial departments of the State Council or by the people's governments of provinces, autonomous regions and municipalities directly under the central government."

According to the above law, laborers have the statutory right to receive vocational training and vocational education. Employers should set up a vocational training system and undertake the cost of vocational education and vocational training for those who have been employed or who are ready to employ. This is the legal obligation of the law to the employing units.

Mr. Lin said that it is illegal for the enterprise to let the laborers own the training costs, and Mr. Lin has the right to require the employer to bear the cost after he has paid the bill.

In addition, Mr. Lin has already signed a training agreement with the training school. He can not go back on his word at random. Otherwise, he should bear the corresponding liability for breach of contract in accordance with the provisions of the law and the contract.

In addition, if Mr. Lin accepted vocational training before entering the office, he could not regret at any time, refused to establish labor relations with the employer or terminate the labor relationship established with the employer. Otherwise, the cost of the training should be borne by himself or the corresponding training cost paid by the employer.

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