Employees Shall Have The Right Not To Approve The Leave Of Absence.

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?

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 for it.

The Ministry dealt 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 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 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.

So-called

It 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 risks, we need to clarify the following three aspects:

Please give false approval authority to the employer.

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.

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.

Workers may not pay wages during their leave.

During the period of staff leave, workers do not provide labor to the employer. In principle, employers do not have to pay wages to employees during their leave.

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.

In those days, there were 20 days of vacation.

According to the relevant laws and regulations, no matter

Is the unit of the same family or more than two units, as long as it is able to prove that it has been working for more than 12 months, it is entitled to take the right to leave the year according to 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.

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