Taking Three Times Of Annual Leave For Annual Leave Helps Consolidate The Paid Annual Leave System.
The implementation of paid annual leave system is not in place. In real labor relations, it is very common for workers to take their annual leave. If these workers can get three times of their wages, they can not only get an income, get tangible benefits, but also be comforted mentally.
To some extent, such a three times wage interest can be a useful supplement to the paid vacation system.
The employer should not be "capricious" to adjust posts, and the worker should rest the number of days off. The employer should pay the annual leave pay according to 300% of the employee's daily income.
In April 24th, the Beijing Higher People's court and the municipal labor and personnel dispute arbitration commission jointly issued the "answers to the law application of labor dispute cases", and further unified the standard of labor dispute cases and the law enforcement standards.
Worker
It is a great advantage for the workers to get three times the salary from the employing unit according to the number of days off, and it is also a great benefit to the workers, and it is gratifying and expecting to further advance the system of paid annual leave and the labor security system.
The labor law has established a system of laborers' overtime labor rights and interests compensation system. The forty-fourth rule states: "the employer arranges the workers to extend their working hours, and pays one hundred and fifty percent of the wages paid by no less than one hundred and fifty percent of the wages; the rest day arranges workers who are unable to arrange the rest of the work to pay the wages of not less than two hundred percent of the wages; the statutory holiday day arranges the workers to work, and pays the wages of not less than three hundred percent of the wages."
Obviously, three times.
wages
It is the highest compensation standard. The Beijing Higher People's court and the municipal labor and personnel dispute arbitration commission shall set the annual leave compensation standard of three times, which is equivalent to the implementation of the statutory leave day standard, which is higher than the overtime compensation standard and extension on Saturday and Sunday rest days.
Labor time
The compensation standard highlights the importance attached to the rights and interests of workers on paid vacation.
As a matter of fact, the implementation of paid annual leave system is not in place. In real labor relations, it is very common for workers to take their annual leave. If these workers can get three times of their wages, they can not only get an income, get tangible benefits, but also be comforted mentally.
To some extent, such a three times wage interest can be a useful supplement to the paid vacation system.
At the same time, the three times wage rights and interests of unpaid annual leave can also force employers, especially enterprises and individual employment units, to re calculate the cost of comparing the implementation of paid annual leave system. The cost of three times compensation is higher than the cost of giving paid vacation to workers, so many employers will be more inclined to choose less expensive schemes under the condition of human resources, and agree to encourage workers to take paid annual leave. This guiding effect can achieve twice the result with half the effort.
Of course, the opinions of the two departments only apply to the cases of laborers' litigation or labor arbitration. They only provide a comprehensive guarantee for the workers' annual leave of three times annual wages, and can not be used as a daily payment standard and guarantee standard for paid vacation rights and interests.
The legislative department or other competent departments need to further improve the labor laws or make judicial interpretations, so that the three times wage compensation standard of the annual leave is clearly defined as a unified and rigid standard of daily labor rights and interests such as "three times the legal holiday", so that the laborers can get three times the wages of the unpaid annual leave without litigation or arbitration, so that the employer can pay three times the wages without litigation or arbitration, so that the rights and interests of paid vacation workers can be better protected.
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