On January 2, the official of the Ministry of human resources and social security issued a voice on the economic compensation for the unused annual leave. For qualified workers, the unused annual leave should be compensated by the employer.
Annual leave is a topic of concern to everyone in the workplace. As soon as the policy of the Ministry of human resources and social security came out, the topic of # annual leave and economic compensation # was immediately posted on the microblog.
So, do you know about annual leave? How to take annual leave?
A few days ago, an official of the Ministry of human resources and social security said that for qualified workers who have not taken annual leave, they should receive economic compensation from the employer. If workers do not enjoy the annual leave of the current year, they need to meet five situations (as shown in the figure): then the problem comes. Do you understand the relevant policies? If you ask for financial compensation from your unit or company before taking annual leave, what doubts will you have?
Can you claim financial compensation for not taking annual leave? The official wechat of the Ministry of human resources and social security released a case on the 2nd. Xiao Chen terminated the contract with the company in 2018, and the company paid economic compensation according to law. Xiao Chen believes that he has worked for 10 years but less than 20 years and still has 10 days of paid annual leave in 2018. Due to work reasons, the company is required to pay corresponding compensation for the unused annual leave. This claim was finally supported by the Arbitration Commission.
How does the state stipulate annual leave?
1. The state stipulates that you can enjoy annual leave after one year of service.
Article 2 of the regulations on paid annual leave for employees: "employees of government organs, organizations, enterprises, institutions, private non enterprise units, individual industrial and commercial households with employees who have worked continuously for more than 1 year shall enjoy paid annual leave (hereinafter referred to as annual leave).
The unit shall ensure that employees enjoy annual leave. Employees enjoy the same wage income during their annual leave as during their normal work. "
2. How should I take annual leave?
If an employee has worked for more than 1 year but less than 10 years, he / she shall have an annual leave of 5 days;
10 days of annual leave for those who have completed 10 years but less than 20 years;
For those who have completed 20 years, the annual leave is 15 days.
If an employee does not take annual leave this year and wants to postpone the new year's holiday, what should HR do?
(1) It is necessary to consider the company's specific provisions on the validity period of annual leave. Is the provision invalid in natural years? Or specific to the end of February the next year? Or is it valid before the Chinese new year?
(2) If you follow the regulations, employees will not be able to enjoy the annual leave and will inevitably complain. It is suggested that the company should consider the special circumstances of employees when establishing the system, and make the system more flexible and can be arranged in sections. For employees, their experience will be better. If the unit cannot arrange employees to take annual leave due to work needs, it can not arrange employees to take annual leave with the consent of the employees themselves.
As for the news that economic compensation can be demanded for annual leave, some people said that there are legal provisions for those who can not enjoy paid leave. As long as there is no violation of legal provisions, they should have paid leave. Of course, compensation should be made for those who do not have leave, Others say that even two, three or four times the economic compensation can not equal the value of an annual leave. Long term work, the expectation of a vacation, the work pressure relieved during the annual leave, and mental relief and relaxation can not be compensated by paying more money. So what do you think of the economic compensation for the endless annual leave?