Original title: the Ministry of human resources and social security responded that annual leave compensation could not be enjoyed under these five circumstances
According to the law, employees of sihai.com can enjoy five days of paid annual leave after one year's work, and enjoy corresponding leave according to their working years, but the maximum is no more than 15 days. If an employee fails to take annual leave due to work reasons, he can apply for economic compensation from the company. In this regard, the Ministry of human resources and social security also responded to the relevant information on annual leave compensation, saying that there are five situations in which economic compensation cannot be enjoyed. Let's take a look.
According to Article 4 of the regulations on paid annual leave for employees, employees who have one of the following situations shall not enjoy the annual leave of the current year: (1) employees enjoy winter and summer holidays in accordance with the law, and their leave days are more than the annual leave days; (2) employees ask for personal leave for more than 20 days in total and the unit does not deduct wages according to the regulations; (3) employees who have worked for less than 10 years in total ask for sick leave for more than 2 months in total; （4） Employees who have worked for more than 10 years but less than 20 years have taken sick leave for more than 3 months; (5) employees who have worked for more than 20 years have taken sick leave for more than 4 months.
If employees have the above five situations, even if they don't take annual leave, they can't enjoy annual leave compensation. On the contrary, if there is no such situation, you can apply to the company for economic compensation. It is worth noting that China's legal mechanism is becoming more and more perfect. If your legitimate rights and interests are infringed, you must take up the weapon of law to safeguard them.