Annual Leave A Year Cleared? Court Decision: Illegal

Xiao Yang worked in a company in March 1, 2007 and discontinued labor relations with the company in March 29, 2013.

After leaving, Xiao Yang advocated that he should take annual leave for 15 days a year, but he didn't have any annual leave since he entered. So he asked the company to pay the annual leave from 2008 to March 29, 2013.

The company said that Xiao Yang had taken all the annual leave and there was no residual annual leave.

Neither side submitted evidence.

The court held that the employer should keep the employee's payroll records for reference for two years, so during the two years, the employer had the burden of proof for the attendance and leave of the employee, exceeding the two-year range.

When pferred to laborers, workers should submit evidence on their own vacation facts.

In the case, the company did not give evidence to prove Xiao Yang's attendance or leave. Xiao Yang did not prove that it had worked for 20 years, and did not give evidence of the annual leave before 2012. Therefore, the company should pay the annual leave of Xiao Yang during the 2012 to March 29, 2013 period according to the standard of annual leave of 5 days.

According to the regulations, the number of days off should be paid by the workers, and the employer should pay the annual leave of 300% according to the wage income of the worker.

In reality, many units encourage employees to take annual leave in order to save money, but some employees do not want to rest or do not want to rest because of personal reasons. Should such annual leave units be collected?

In response, Wang Yang, a judge of Chaoyang Court, said that although the unit could arrange workers to take a vacation, they could not force workers to take a vacation, whether they had a vacation or not, and the laborers had the right to choose.

If a worker does not want to take a vacation, he may choose to receive three times the salary.

But there is one exception.

Some units are divided into busy seasons. The off-season units will have a holiday for all employees or the whole department staff. Employees will not work when there are no working conditions. This can be regarded as an employee's annual leave.

Trabeculae entered a company in May 10, 2014, and the two sides terminate their labor relations in October 30, 2015.

Because he did not take the annual leave, trabeculae asked the company to pay the annual leave pay during the service period.

In this regard, the company said that the staff manual has provisions that the annual leave can not be applied across the year, the year before December 31st did not end the annual leave, without special circumstances, the next year automatically cleared.

The court held that the laborers had the statutory right to take paid annual leave, and the law stipulates that the annual leave can be arranged over the years.

In this case, the provisions of the company's employee handbook are contrary to the law, and the court will not accept it.

The annual wages of non - annual leave are labor remuneration, and the company shall pay the annual vacation wages of trabeculae during the period of service according to law.

According to the law, employers should arrange annual leave according to the specific conditions of production and work, and consider the wishes of employees themselves.

That is, the unit can arrange the annual leave for the previous year in second years.

However, in reality, some enterprises will add "similar regulations such as" no pay off at the end of the year or at the beginning of next year "in the rules and regulations, employee manuals and labor contracts, which stipulate that employees who do not finish their annual leave before the time limit are regarded as giving up voluntarily, and the unit will not give money.

But is such a rule reasonable?

Wang said that such a rule is unreasonable and illegitimate.

The employer can not clear the employee's annual leave at will.

If you do not rest, you can consult with the unit to make up or ask for money in the next year.

That is to say, as long as the worker has an unpaid annual leave, the unit should pay wages according to 300% of the daily wage income.

If the annual leave can not be cleared, can it be accumulated indefinitely? Wang Yang said that the annual leave is timeliness, and the worker should pay attention to it.

In practice, workers can claim to apply for the first two years' annual leave, which is supported by the court during two years.

As for the unpaid annual leave of two years, the court will not support unless the worker can give evidence and the unit does not defy the prescription.

That is to say, if employees refuse to make up their holiday or give money, they will not be able to save money.

In February 10, 2014, Xiao Wang changed his job to a company, but he quit after he had just worked for a year.

Xiao Wang claimed that he had worked in the company since he left office, so he advocated that he should enjoy paid annual leave from his post, but the company did not recognize it.

The court held that the evidence submitted by Xiao Wang showed that its departure time from the last company was January 20, 2014, but the time of entry to the new company was February 10th, and it was not a continuous job.

The first year after its entry into the company fails to meet the conditions of taking paid annual leave, so the court did not support Xiao Wang's claim.

Enjoy the law

The premise of this welfare is "continuous work for one year". Many workers mistakenly believe that they can apply for annual leave when they enter the office.

Wang Yang explained that "continuous work for one year" means that workers have worked continuously or without interruption for 12 months after taking part in the work, before they begin to enjoy annual leave.

Even if the worker is not the first to take part in the work, as long as there is interruption of work and stop work, it is necessary to rework for a full year, and from second years to begin to enjoy paid annual leave.

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