A Holiday Is Not A "Want To Please" To See The Unit Must Not Be Allowed

Nowadays, holidays are getting more and more. Apart from public holidays and statutory holidays, the employees are entitled to paid annual leave and family leave.

Recently, it is very popular on the Internet. If you take a few days off, you can get together with a variety of strategies for "super vacation" with the sabbatical holiday. Is this strategy reliable? Is it possible to ask for leave if you want to? It has become the doubts of many workers.

When there is a conflict between the needs of employees and the management of employers, is it reasonable for employers to refuse employees' leave?

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

The unit thought that he would go on a tour in the name of leave after taking leave of absence and leave of absence.

The two sides are in court.

The practice of adjudication unit did not infringe upon the legitimate rights and interests of workers.

The lawyer said, "the unit has the right to approve a leave of absence".

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 filed an application for marriage leave for the company on the grounds of marriage.

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 Europe for honeymoon.

The company manager did not approve his leave and asked the HR department to deal with it seriously.

Therefore, the Ministry of human resources sent the notice of returning to work within a specified time.

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 and approval procedure of asking for leave, and told the company's rules and regulations that there were 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 rest.

The right.

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 listening to both sides' statements, the Arbitration Commission considers that the employee's request for false approval is in the employing unit, and the employer can make a decision on whether or not to approve 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.

please

It seems simple, but there is legal risk when it is not handled properly.

Yao lawyers said that in order to avoid risks, it is necessary to clarify the right to approve the leave of absence in the employing unit.

The lawyer said that in the day-to-day operation and management of the employer, apart from all kinds of holidays and holidays that the state has clearly stipulated, in case of special circumstances, I must leave the work place, but the right of approval is in the employing unit.

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