Workers Should Receive 300% Days' Pay For Their Annual Leave.

In April 24th, the Beijing Higher People's court and the Beijing labor and personnel dispute arbitration committee jointly issued the "answers to the law applicable to labor dispute cases" (hereinafter referred to as "answers"), to further unify the labor dispute case judgment standards and law enforcement standards.

The "answer" is clear that the workers' posts should not be changed at will, that the employer should adjust the post to be reasonable, and the post adjusted should be no adverse change for the labor conditions such as the workers' ability and salary treatment, and the workers should not be divorced.

The employer shall pay the annual leave according to 300% of the employee's daily income.

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"The impact of the" Internet + "era on the existing labor relations, and the types of labor dispute disputes are no longer confined to traditional types.

Dan Guojun, President of the people's Court of Beijing Higher People's court, said that the Beijing high court will further summarize the characteristics of employment relations under the "Internet +" mode of operation and publish guidance cases through unified communication and research with relevant trade associations and industry authorities.

Zhang Hengshun, vice president and Secretary General of the Beijing labor and social security law society, seems to be satisfied with the needs of the capital labor dispute trial, and is willing to face the practical contradictions and problems of labor dispute diversification and complexity, which is very instructive and operable for the trial work.

It is a great advantage for laborers to get three times the salary from the employer by the number of days they can rest on their annual leave. This is also a great benefit to the workers, and it is also a great relief to further promote the system of paid annual leave and the labor security system.

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On the question, the answer clearly stated that if the employer did not arrange for a worker to take up the annual leave, he should convert the number of days off on the basis of the working time of the employee in the year and pay the annual salary for the annual leave, but the portion that was less than 1 days after the conversion would not pay the annual salary.

For the number of days off which workers should rest, the unit shall pay the annual leave pay according to 300% of the wage income of the worker's Day (including wages and statutory compensation during normal working hours).

In addition, on the issue of employment, the answer stipulates that when adjusting the position of a laborer, the employing unit must have the necessity of operation and the justification of its purpose. After adjustment, the post must be competent for the laborers, and the labor conditions such as wages and salaries can not be changed unfavourable.

If the employer and the laborer do not specify a job position or an unspecified contract in the labor contract, the employer shall reasonably adjust the work position of the employee to the employer's independent employment according to the needs of production and operation for justified reasons.

Jin Xi, a judge of the people's Court of Beijing Higher People's court, said that the answer was emphasized.

The aim is to focus on protecting the legitimate rights and interests of workers on the basis of "double protection" of labourers and employers, and pay attention to measuring interests in combination with reality, which not only strengthens the basic value orientation, but also attaches importance to protecting the actual interests of both sides.

"In the construction of a pluralistic settlement mechanism, the municipal mediation and arbitration system strengthens communication and coordination with the comprehensive governance departments, and sets up a" labor dispute mediation window "on the platform for the mediation of disputes and disputes in the streets and villages, so as to guide workers and employers to resolve disputes locally through mediation organizations.

Zheng Xiulan, director of the mediation and arbitration division of the Beijing Municipal Bureau of human social security, said.

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