Sihai network

70% of the employees dare not take annual leave

On January 2, the official wechat of the Ministry of human resources and social security issued a voice on the issue that the employees who have not taken annual leave can ask for economic compensation, and those who have not taken annual leave should get economic compensation from the employer.

The official micro blog cited a case in which employees did not take annual leave: Xiao Chen joined a company in 2014, but failed to reach an agreement with the company on changing the labor contract through negotiation in 2018, and the contract was terminated, and the company paid economic compensation according to law. Xiao Chen believes that although the company has paid the economic compensation for the termination of the labor contract, he has worked for 10 years but less than 20 years, and he still has 10 days of paid annual leave in 2018. He has not taken the annual leave due to work reasons, and requires the company to pay corresponding compensation for the annual leave not taken.

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

According to the official micro blog of the Ministry of human resources and social security, the labor contract law clearly stipulates that workers who do not enjoy the annual leave of the current year should meet five situations:

The first is to enjoy winter and summer holidays in accordance with the law, and the number of days off is more than that of annual leave;

Second, personal leave accumulated more than 20 days, and the unit does not deduct wages in accordance with the provisions;

3. Those who have worked for more than 1 year but less than 10 years and have taken sick leave for more than 2 months;

Fourth, the cumulative work of 10 years to 20 years, sick leave accumulated more than 3 months;

5. Those who have worked for more than 20 years and have taken sick leave for more than 4 months.

But Xiaochen does not meet any of the above circumstances, should enjoy annual leave. Financial compensation shall be paid by the company upon resignation.