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Economic compensation for annual leave

Economic compensation for endless annual leave list of the latest compensation provisions for annual leave

On January 2, the official wechat 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.

Official wechat cited a case where workers did not take annual leave: Xiao Chen joined a company in 2014, failed to reach an agreement with the company on changing the labor contract through negotiation in 2018, terminated the contract, and the company paid economic compensation according to law. Xiao Chen believes that although the company has paid the economic compensation for terminating the labor contract, he has worked for 10 years but less than 20 years, and there are 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.

The company of Xiao Chen believes that Xiao Chen did not propose to take annual leave for his own reasons and took two months of sick leave in 2017, so he does not agree to pay annual leave compensation. After the hearing, the Arbitration Commission held that since Xiao Chen's sick leave in 2017 did not reach more than 3 months, the company still had to pay Xiao Chen's salary for the annual leave not taken in 2018.

The official wechat of the Ministry of human resources and social security explained that the labor contract law clearly stipulates that workers do not enjoy the annual leave of the current year, and five situations need to be met:

First, enjoy the winter and summer vacation according to law, and the number of vacation days is more than the number of annual leave days;

Second, ask for personal leave for more than 20 days, and the unit does not deduct wages according to regulations;

Third, those who have worked for less than 1 year but less than 10 years and have taken sick leave for more than 2 months;

Fourth, he has worked for 10 years but less than 20 years, and has taken sick leave for more than 3 months;

Fifth, those who have worked for more than 20 years and asked for sick leave for more than 4 months.

If Xiao Chen does not meet any of the above circumstances, he should enjoy annual leave. Upon resignation, the company shall pay economic compensation.