Can Employees Leave The Unit For Leave Of Absence?

Nowadays, more and more holidays are going on. Besides public holidays and statutory holidays, the employees are entitled to paid annual leave and family leave.

However, even this can not satisfy people's needs.

On weekdays, there are always one or more things that force employees to take a leave of absence to make up for their personal needs.

Then, when there is a conflict between the needs of employees and the management of the employing units, can the unit approve employees' leave?

Recently, Li Xiang has been in contradiction with the unit because of asking for leave of absence.

He thought he had the right to rest and leave at any time, and the unit thought that he would take a vacation in the name of leave after taking leave of absence and leave.

The two sides held court for this purpose, and the arbitral award unit did not violate the legitimate rights and interests of workers.

In July 2015, after graduating from graduate school, Li Xiang entered an electrical company in Beijing and worked as a design engineer through interviews.

In October 2016, Li Xiang submitted an application for marriage leave to the company on the grounds of marriage, and submitted the original and photocopy of the marriage certificate.

Subsequently, the company allowed Li Xiangxiu's marriage leave, because it met the conditions of late marriage, then gave 10 days of marriage leave.

After the marriage holiday expired, Li Xiang asked the Department Manager to ask for a leave of absence for 3 days by SMS.

Taking into account Li Xiang's recent marriage, the company agreed to take 3 days off.

After the expiration of the deadline, Li Xiang still did not work in the company. The company's human resources department called to ask why, but no one answered.

The Ministry of human resources also asked Li Xiang to return to work through SMS and e-mail.

Li Xiang told the Department Manager by SMS. He wanted to ask for another 20 days off to accompany his new wife to Europe for honeymoon.

Li Xiang's behavior made the manager very unhappy, not only did he not approve his leave, but also asked the Ministry of human resources to deal with the matter seriously.

Thus, the Ministry of human resources sent Li Xiang a notice of returning to work within a specified time limit through the address and telephone left by him.

A few days later, Li Xiang returned to work and asked for a leave of absence.

The company's Human Resources Department explained to Li Xiang the procedure of asking for leave.

And inform the company's rules and regulations that there are clear rules for asking for leave.

But Li Xiang thought that he had just been married and asked for a period of time off from the company. It was reasonable for the company not to approve his leave. It not only failed to show the company's humanistic care, but also violated his right to rest and leave.

Subsequently, he resigned from the company on the ground that he did not provide labor conditions, and applied for labor arbitration, claiming that the company should pay the economic compensation for the termination of the labor contract.

The Arbitration Commission heard the case before hearing Li Xiang's application.

After hearing the statement from both sides, the Arbitration Commission believes that the right of approval for employees to leave a false claim lies in the employing unit, and the employer can make a decision on whether to approve or not according to the specific circumstances of the employee's leave.

Li Xiang has been granted a 3 day leave on the basis of his newly married marriage on the basis of 10 days' marriage leave. The request for travel after another 20 days' leave can not be approved.

The Arbitration Commission also believes that the employer does not approve the leave of absence is the embodiment of its autonomy in employment, and does not belong to the category that does not provide workers with labor conditions.

Therefore, according to the law, Li Xiang decided to leave the company for personal reasons, and the company did not have to pay the economic compensation to him. He rejected Li Xiang's arbitration request in accordance with the law.

Li Xiang refused to accept the ruling and wanted to sue the court.

Yao Junchang, a lawyer from Beijing Wei Heng law firm, decided to appeal to the court after explaining the legal basis of the ruling.

The so-called leave is the employee's leave due to personal matters or other personal reasons.

The matter of asking for leave is simple, but there is a legal risk if it is not handled properly.

To avoid the risk, Yao lawyer said that the following three aspects should be clarified.

In the day-to-day operation and management of the employing units, apart from all kinds of public holidays, holidays and holidays that the state has explicitly stipulated, in case of special circumstances, I must leave the work place, but the right of approval lies with the employing unit.

If a worker asks for a leave, he should, in principle, submit a written application in advance, fill in the leave and leave examination and approval form, specify the type of leave, reasons and time for leave, and then make an examination and approval in accordance with the management authority of the relevant staff of the employing unit.

If a worker leaves his job without leave, or if he is not allowed to renew his leave without permission, he shall be regarded as absenteeism.

Under normal circumstances, employees will not have malicious requests for leave, because such results often outweigh the gains.

As an employer, when a worker asks for a leave of absence due to reason, he can grant approval without affecting his job.

Of course, this requires employers to improve their own rules and regulations, make clear the process and approval authority of employees' leave and leave matters. They should not only examine and approve rules and regulations, but also consider the actual situation of employees in order to highlight corporate culture.

In the above case, Li Xiang has been granted his 3 days' leave on the basis of his marriage leave in accordance with the law, but he has asked for another 20 days' leave. In view of this behavior, the company has not approved its application in considering the actual situation and the needs of its post, which is in conformity with the law.

Yao lawyer said, workers

During the period, labor was not provided to the employer. In principle, the employer did not have to pay the workers' remuneration during the leave period.

Although the Provisional Regulations on wage payment do not specify whether wages should be paid for employees' leave of absence, the regulations on wage payment all over the country make clear provisions.

For example, the twenty-second provision of Beijing wage payment stipulates that the employer can not pay his wages during the period of leave.

The twenty-sixth provision of the regulations on the payment of wages in Jiangsu stipulates that the employer may not pay the wages during his vacation if he has one of the following circumstances: (1) during the period of his leave.

The twenty-fifth provision of the regulations on the payment of wages in Guangdong stipulates that employers may not pay wages during the period of labor absence due to leave of absence.

Therefore, if the employee asks for leave, the employer can deal with it according to the local regulations.

If the employer's rules and regulations clearly stipulate the wages and salaries of employees during the leave period, they should be dealt with according to the specific provisions of the system.

Yao lawyer said that according to the relevant laws, no matter whether workers are in the same household unit or in more than two employing units, if they can prove that they work for more than 12 months in a row, they will enjoy the right to take the annual leave in accordance with the law.

However, according to the fourth provision of the annual regulations on paid annual leave for employees, workers are not entitled to annual leave in the following year: (1) workers enjoy the winter and summer vacation according to law, and the number of days off is more than that of annual leave days; (two) workers have accumulated 20 days or more of their leave on duty, and the unit does not deduct wages according to the regulations; (three) workers who have accumulated 1 years' work for less than 10 years, ask for sick leave to accumulate for 2 months or more; (four) workers who have accumulated work for 10 years or less than 20 years, ask for sick leave to accumulate for more than 3 months; (3) employees who have accumulated more than a full year of employment should have accumulated more than a month's sick leave.

It can be seen that if a worker gets a leave of absence for more than 20 days in a natural year and the employer does not deduct his wages during the leave period, he will no longer enjoy the annual leave of the year.

If the annual leave of the year has been enjoyed, according to the eighth provision of the implementation method of paid annual leave for employees, workers will no longer enjoy the annual leave of the next year.

This requires employers to ask employees for leave.

In other cases, written records should be written in time, and workers should be required to sign for confirmation.

At the same time, employers should also pay attention to the fact that if the employee has accumulated the number of days of work leave for more than 20 days in the current year, but according to the regulations, he has deducted the number of days of wages corresponding to his leave of duty. At this time, employees still enjoy the right to take off the annual leave and the employer should not be deprived of it.

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