What Should I Do If I Didn't Take A Paid Annual Vacation Last Year?

Second days after the Chinese New Year's holiday, Li Ruihe's colleagues at a certain hospital in the high tech Zone were engaged in logistics management services. The focus is on whether or not the sabbatical leave should be cleared last year. In response to these questions, the reporter interviewed Zhao Yansong, a senior lawyer who has been engaged in labor protection for a long time. He said frankly that according to the current law, employers need to arrange annual annual leave for workers because of the characteristics of production and work. They can cross 1. Annual arrangement 。 That is to say, employers should not leave the annual leave with pay on the pretext of cross year.

Zhao Yansong told reporters that according to the relevant regulations, employees who work continuously for more than 1 years can enjoy paid annual leave and enjoy the same wage income during the annual leave period. According to the fifth regulations on annual leave with pay for employees, "annual leave can be arranged centrally in 1 years, and can be arranged in stages. Generally, no annual arrangement is made. Because of the characteristics of production and work, it is necessary for the unit to arrange annual leave for employees across the year, and it can be arranged in 1 years. " In addition, the implementation method of paid annual leave for enterprise employees is also clear. "Employers must be able to arrange annual leave for employees because of their work needs or arrange annual leave in 1 years." Accordingly, in other words, for employees who should take the rest of the year off last year, the unit should arrange for workers to make up for rest this year.

According to the salary of enterprise employees annual leave The tenth provision of the implementing measures stipulates: "the employing unit shall not arrange annual leave for employees, or the number of days of annual leave for workers should be less than the number of days off. The number of days off should be paid in the current year, and the annual wages shall be paid by 300% of the daily wage income, which includes the employing unit paying the wages of the workers during normal working periods." Zhao Yansong said that employees who did not take the annual leave of the year could require employers to make 3 times wage compensation.

"Workers have accumulated 1 years of work for less than 10 years, annual leave for 5 days; 10 years less than 20 years, annual leave 10 days; 20 years of annual leave 15 days." According to the calculation of the days of annual leave, Zhao Yansong explained that according to the "implementation method of paid annual leave for enterprise employees", "workers who have worked continuously for more than 12 months are entitled to paid annual leave". "Continuous work For more than 12 months, it includes both workers working in the same employer for more than 12 months, including workers who have been working in different employers for more than 12 months. That is to say, the number of days off is determined according to the cumulative working hours of employees.

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The Spring Festival is one of the most traditional festivals in China. Most people want to get together with their families during the Spring Festival and have a good rest. Xiao Hong, a sister in Sichuan, refused to work overtime during the Spring Festival. When she returned to her flat in, she found herself out of work. The director said that during the Spring Festival, she was absent from work, and the work had been replaced by people. So, the company requests overtime, can employees refuse?

Zhang Liang analysis, "labor law" thirty-sixth stipulates that "the State implements a worker working hours not exceeding eight hours per day, the average weekly working time does not exceed forty-four hours" system. Employees who are required to work above that time can refuse. That is to say, the seven days of the Spring Festival holidays are statutory holidays and statutory rest days. They belong to employees who have the right to rest and take time off according to law. Employees can only work in accordance with the labor contract and do not want to work overtime during the Spring Festival. They can refuse the overtime requirement of enterprises. This is not a violation of the labor contract, nor is it a violation of the company's rules and regulations. The company shall not be required to terminate the labor contract with the employee.

Of course, it is inevitable that some people have to work overtime because of their work needs. The only comfort is that they can get more overtime. According to the regulations of the State Council, three of the four days from the 1th day of the first month of the Chinese lunar calendar to the beginning of January are statutory holidays, and the remaining four days are legal days off, according to Zhang Liang. If the company requires employees to work on statutory leave, they should pay overtime wages on the basis of 300% of their wages. If the company requests employees to work on the other four days, the employees should be arranged to make up for rest, or to pay overtime wages according to the standard of 200% of the employees' wages.

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