The Difference Between Unpaid Annual Leave And Waiver Right

The tenth paragraph and second paragraph of the implementation method of paid annual leave for enterprise staff stipulates: "the employer shall arrange the annual leave for the employees, but the employees may, on account of their own reasons and submit in writing the endless vacation, the employer can only pay their normal wages during their work."

In January of this year, Xu and a trading company in Ji'nan terminated the labor contract.

In handling related procedures, Xu submitted to the company that he had not paid a paid annual leave last year, and asked the company to pay an extra wage of 3400 yuan for paid annual leave, which was refused by the company.

The company said Xu himself had never offered an annual leave application last year and voluntarily abandoned himself.

The right.

Xu refused to accept it and submitted an arbitration application to the local labor and personnel dispute arbitration commission, which required the company to pay 3400 yuan for the annual leave pay in accordance with 300% of the daily wage income last year.

The Arbitration Commission heard that

The fifth paragraph and first paragraph of the regulations on paid annual leave stipulates: "the unit shall arrange the annual leave for employees according to the specific conditions of production and work, and considering the wishes of employees."

The sabbatical leave is arranged by the employer voluntarily, and it is the mandatory legal obligation of the employing unit.

Even if the employee did not propose a sabbatical leave.

Employers should also take the initiative to arrange for them, but not to give up voluntarily.

Therefore, the unit shall be exempt from paying the employees' annual leave.

It is necessary to prove that the unit has made arrangements for the annual leave of the workers, and that the employees' annual leave is the cause of the employees themselves.

The fifth section of the regulations on paid annual leave for workers also stipulates that the number of days off should be paid by 300% of the workers' daily wages.

Finally, the Arbitration Commission supported Xu's proposition.

Related links:

The municipal government recently issued the revised regulations on the standard of medical treatment for the workers in this city who are suffering from illness or non work injury during the labor contract.

According to the regulations, the employer may not terminate the labor contract during the medical treatment period.

It is understood that the medical term refers to a worker who is sick or not injured because of work injury to stop working for treatment and rest.

However, when a worker accumulates his sick leave time beyond the medical period enjoyed according to regulations, the employer may terminate the labor contract in accordance with the law.

In order to ensure the smooth implementation of laws and regulations on labor contracts and effectively protect the legitimate rights and interests of labourers, this Municipality stipulates the standard of medical treatment for workers during the period of performing labor contracts or sick or non work related injuries: the period of medical treatment is set according to the working life of workers in this employer.

The worker works in his unit for first years, and the medical treatment period is 3 months. After every 1 years of work, the medical treatment period will increase by 1 months, but not more than 24 months.

A worker who has been identified by the labor capability appraisal committee as a completely disabled worker but does not meet the conditions for retirement or retirement shall extend the medical period.

The extended medical period is specified by the employer and the worker, but the agreement of the extended medical period and the medical period stipulated in the preceding Article shall not be less than 24 months.