Enterprises Have No Right To Say No When Employees Ask For Annual Leave.

According to the second provision of the regulations on annual paid leave for employees, which was formally implemented in January 1, 2008, it is stipulated that employees, such as organs, groups, enterprises, institutions, private non enterprise units, employees of individual businesses, etc., who work for more than 1 years, enjoy paid annual leave.

Miss sun has been in an enterprise for a year and a half.

In December 2014, Miss Sun asked the company to take a sabbatical leave, but was rebuke by the manager of the enterprise's human resources department: the enterprise agreed that the employee would not enjoy the benefits of paid annual leave, and if he had to take a vacation, he would deal with absenteeism.

Miss sun was afraid of losing her job because she had no choice but to speak.

The unit shall ensure that employees enjoy annual leave.

Employees enjoy the same wage income during the annual leave period.

The third provision stipulates that the accumulated work for 1 years is less than 10 years, the annual leave is 5 days; the 10 year's less than 20 years, the annual leave is 10 days; the 20 year's annual leave is 15 days.

The fifth third paragraph stipulates that the number of days off should be paid by the worker in accordance with the 300% of the employee's daily income.

Miss sun should have the right to take paid annual leave, and the enterprise must also perform the obligation to grant miss sun to enjoy the annual leave with pay according to law.

Some enterprises have repeatedly resorted to some measures to avoid employees' annual leave, including asking employees to sign an agreement without annual leave or abandoning their annual leave, and to set a time off by waiting time or visiting relatives to break the annual leave.

The time limit is regarded as voluntary abandonment or automatic abandonment, etc., and some units take annual leave as welfare, and the employees who are off the years are randomly assigned to complete the full time award and performance award.

If we encounter these circumstances,

You can bring together labor relations certificates, annual leave application forms, unit leaders' approval, and other information, and complain to the labor and social security supervision department, requesting them to pay the employer according to their functions and powers.

And compensation.

It can be seen that paid annual leave is the right of employees, not the manager of Human Resources Department of an enterprise.

As long as employees have labor relations with enterprises and meet the basic requirements of continuous work for more than 1 years, they are entitled to statutory annual leave with pay, regardless of whether the unit's rules and regulations provide for paid annual leave, or even the unit's rules and regulations clearly stipulate that no paid annual leave is entitled to the annual leave with pay.

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Liu signed a labor contract with A company for a period of February 1, 2014 to January 31, 2015.

The contract stipulated that Liu's monthly salary was 1350 yuan (the local minimum wage).

After 4 months' work, Liu found that the amount of 830.7 yuan was deducted from the premium deducted by the company, which was obviously lower than the local minimum wage standard.

In the case of requiring the company to renew its losses, Liu applied for arbitration in June 1, 2014 and asked A to make up the difference of the minimum wage level of 2077.2 yuan.

After hearing by the Arbitration Commission, it was found that the amount of Liu Moushi's money was 830.7 yuan. The reason was that A company deducted the 519.3 yuan of social security premiums payable by Liu's individual.

Accordingly, the Arbitration Commission dismissed Liu's arbitration request in accordance with the law without conciliation.

Comment and analysis: the sixth clause of the minimum wage stipulates clearly that the minimum wage of local employed persons and their dependents should be determined and adjusted, and the consumer price index of urban residents, the social insurance premiums paid by workers and employees, the average wage of housing provident fund, the average wage of vocational workers, the level of economic development and the employment situation.

Accordingly, the minimum wage standard takes into account the factor of social insurance premiums paid by individuals.

Therefore, the minimum wage standard includes the social insurance premiums paid by individuals.

That is to say, when the employer withholds social insurance premiums in accordance with the law, the actual wages paid by the laborers may be lower than the local minimum wage standard.