What About "Paid Vacation" As A "Pay Holiday"?

A salesperson from a trading company in Guangzhou also told reporters that "the annual leave of the company will be deducted from the company's total attendance award of 200 yuan per month, and the company stipulates that the annual leave can not rest for more than three days. It is necessary to take 5 days of annual leave, at least two months to complete the rest, and complete the attendance award of more than two times."

Wang Shengli, a lawyer and research center of the legal aid and research center of Zhicheng migrant workers in Beijing, told reporters that the second regulations on annual paid leave for workers issued in 2008 stipulate: "employees of organs, groups, enterprises, institutions, private non enterprise units, employees of individual businesses and other units continue to work for more than 1 years and enjoy paid annual leave.

The unit shall ensure that employees enjoy annual leave.

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

In addition, according to

The fifty-third clause of the opinions on some issues stipulates that wages refer to the remuneration paid by the employer directly to the workers in the form of money in accordance with the relevant stipulations of the state or the labor contract, which generally includes time wages, piecework wages, bonus, allowances and subsidies, wages extended for working hours and wages paid in special circumstances.

Accordingly, Wang believes that

In the category of wages, employers' actions to reduce employee's wages and salaries due to employees' annual leave in accordance with the law are illegal, and employees can complain to the local labor and social security supervision group.

"Although some enterprises allow employees

However, it is considered that employees' vacations will delay their work. Therefore, the attitude towards paid leave is negative and even hindered, including the deduction of full attendance award and year-end bonus. This makes some workers want to rest, and this is also the main reason why paid vacation is difficult to implement.

Lawyer Wang said.

Wang believes that paid vacation should be arranged under the supervision of the relevant departments and arranged by the units according to their own circumstances.

However, the implementation of paid vacation system means that the cost of labor increases, and employers, especially private enterprises, lack motivation. The rise in human costs over the past years has aggravated the above situation, coupled with the lack of supervision, and paid vacation is easy to change in reality.

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It is impossible to generalize the question of who will decide when to take the annual leave.

The regulations on paid annual leave for employees stipulate that units shall make overall arrangements for staff annual leave according to the specific circumstances of production and work and considering the wishes of employees themselves.

Annual leave can be arranged centrally in 1 years, and it can also be arranged in a piecewise manner.

Because of the characteristics of production and work, it is necessary for the unit to arrange annual leave for employees, and it can be arranged in 1 years.

If the unit does not arrange for employees to take their annual leave due to their work needs, they may not arrange for their employees to take their annual leave after their own consent.

The number of days off should be paid by the workers, and the unit should pay 300% of the daily wage of the worker's daily wages.

The implementation measures of paid annual leave for enterprise employees also point out that employers should make overall arrangements for annual leave according to the specific circumstances of production and work and considering the wishes of employees themselves.

If the employer does not arrange annual leave for employees or arranges annual leave for 1 years, he or she shall agree with the employee himself.

There are two meanings: first, employers have the right to arrange annual leave according to the actual situation; two, the arrangement of annual leave should consider the wishes of employees.

That is to say, when determining the time of employee's annual leave, we should adopt a combination of two ways: Although the employer has the right of autonomous management, we must also care about the wishes and thoughts of the employees.

If the employer and the employee fail to reach an agreement, they should be subject to the overall arrangement of the employing units in principle. However, if the workers are unable to arrange their annual leave for work or need to cross the year, they must be approved by the staff.

Otherwise, the employer should pay the employee's annual leave in accordance with 300% of the daily wage income of the employee.

In this case, the company has already arranged all the employees' annual leave time, and is currently in the peak season of company operation. If you take a vacation, it will bring an impact on the company. You stubbornly insist on your own opinion. Obviously, it is too much emphasis on your rights, and the company has the right to refuse.