Sichuan Surveyed More Than 40% Workers Without Paid Annual Leave.

(Sichuan) provincial Census Bureau polling center recently released 2015

An investigation report on the implementation of provincial staff paid vacation system.

According to the survey, although 78.7% of the workers expressed the desire to take paid annual leave, only 57.2% of the employees had paid annual leave in the past 3 years. The private workers and private workers had a relatively low percentage of paid annual leave in the past 3 years, but 80% of the employees reflected the location of the workers.

In the past 3 years, the reason for not fully enjoying paid annual leave is mainly "no unit at all."

"And" too busy to work, no one to replace ".

Among them, the proportion of workers who choose to "work too busy and no substitute" is significantly higher than that of other reasons, such as private enterprises and individuals.

The primary reason for staff selection is "there is no annual leave system at all."

The survey was conducted by means of computer-assisted telephone interviews, and selected 9 cities (States), such as Chengdu, Panzhihua and Deyang, to visit workers in the local unit for more than 1 years, aged 18-60 years old, and to complete 3000 effective samples.

According to the survey, there are great differences in the annual vacation for employees of different units, including 72.3% state-owned enterprises, 71.4% schools, 68.2% government and public institutions, 68.1% foreign-funded enterprises, 47.7% private and private enterprises, and 32.2% private industrial and commercial workers. According to the regional perspective, the proportion of workers enjoying vacation in Chengdu (61.3%) is 5.1 percentage points higher than that of other cities (States).

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Many friends are rusing to the holiday destination in the crowded crowd. At the same time, some people are working overtime as usual.

However, what is entangled is that the law stipulates that "voluntary" overtime does not need to pay overtime, resulting in the so-called "forced voluntary" overtime workers during the National Day holiday.

How to calculate the national day overtime? How can we break the chronic illness?

The all China Federation of trade unions said that workers could not work overtime but could not get overtime pay. They could communicate with enterprises through trade unions. If the enterprises did not change, they could report to the labor department to request the labor inspection department to investigate and deal with them.

If the court is finally ordered, the trade union will provide legal aid and legal services to employees as long as the workers are reasonable and legitimate.

"Overtime", for just three years into the workplace Li Ming, is very common.

Li Ming was engaged in water treatment in Zhengzhou. What puzzled him was that he had five minutes to go off duty one day before the national day. He had packed up his luggage and was ready to start the seven day long vacation trip. But he was stopped by the leadership. A work arrangement disrupted his schedule.

Li Ming said frankly that he was going to work soon. He suddenly had a task to explain. He would not work overtime. He had to work overtime on the second day.

It can take 3 hours.

What do we do for the 3 hours? Li Ming said nothing.

Because there is no way to say it.

If you stand in the company's perspective, it is understandable.

If you stand in the staff's perspective, it's a little uncomfortable.

The willingness to work overtime is no stranger to Wang Feng, a game developer.

Wang Feng said that sometimes the project is rush to go online, there is an on-line time, and the job needs to be completed at what point.

9 to work, we are, we are 9 early 6, this thing as far as possible ahead of schedule, Saturday and Sunday overtime.

When I get home, it's 11 o'clock or 10:40, which is usually the same.

Sometimes it's really hard to work overtime.

The labor contract law stipulates that the premise for the employer to pay overtime wages is that "the employer shall arrange for workers to work outside the statutory standard working hours according to actual needs".

That is to say, the overtime pay should be paid by the employer for overtime work.

If the worker voluntarily works overtime, the employer can not pay overtime wages.

The voice of China special observers, Yue Yue Shan, lawyer of Yuecheng law office in Beijing, said that there are indeed many enterprises in this way to avoid overtime pay, and employees need to collect evidence chain to prove their "willingness to work overtime".

Yueh Shan resolution: employees can actually make requests to enterprises, saying that my work may not be completed within working days. If I want to complete the work, I have to work overtime. This is for enterprises to bear the relevant overtime costs, and a relevant overtime approval process should be carried out.

This requires our staff to raise the main idea. If the enterprise agrees with the employee's statement or recognizes his overtime behavior, the employee also requires the enterprise to retain the written procedures, such as overtime examination and approval, or attendance record, on the relevant procedures.

Many enterprises are not perfect in this kind of management and system for overtime work. Some enterprises may not even have attendance. Even they do not have punch cards. This may require confirmation of overtime facts through other ways, such as recording, video recording and communication with enterprises, and communication with manpower, labor and their superiors, including mail or SMS or WeChat.

Yueh Shan specifically pointed out that for the employees who implement standard working hours above, there is no overtime payment if the employees who are not working regularly.

There is a subordinate relationship between the laborers and the employing units, and the laborers are in a weak position naturally, which leads the workers to take the attitude of humiliation to the illegal activities of the units.