Employees Who Enjoy Annual Leave Do Not Necessarily Work For One Year.

Zhang has signed a labor contract from a labor agency company in October 8, 2013 to December 31, 2014. The company dispatched Zhang to a Qingdao branch of a property company.

Since January 1, 2015, Zhang has directly entered into a labor contract with a property Qingdao branch for a period from December 31, 2015 to December 31, 2015.

For personal reasons, Zhang resigned from a Qingdao branch of a property on 22 July 2015 and asked the branch to pay his 2015 annual paid vacation.

A property Qingdao branch said that according to the labor contract signed by both sides, the starting date of Zhang's work was January 1, 2015, and the contract was lifted until July 22, 2015, and Zhang only worked for 7 months.

According to

"Article second stipulates that employees who work continuously for more than 1 years are entitled to paid annual leave. Zhang does not meet the requirement of paid annual leave.

Zhang refused to submit an arbitration application to the local labor and personnel dispute arbitration committee, requesting a property Qingdao branch to pay 2000 yuan of paid annual leave in 2015.

According to the trial of the Arbitration Commission, the second article of the regulations on paid annual leave for employees stipulates that employees of organs, groups, enterprises, public institutions, private non enterprise units, employees of individual businesses and other units who work continuously for more than 1 years shall be entitled to paid annual leave.

However, the law does not specify how to calculate the length of service of employees.

The personnel files, social insurance payment records, the employer's proof of resignation and other effective evidence to confirm.

Since January 1, 2015, Zhang has entered into a labor contract with a Qingdao branch of a property, but Zhang has worked with the labor dispatching company for the labor contract from October 8, 2013 to December 31, 2014 and has actually fulfilled it. So since October 8, 2013, Zhang has worked for over 1 years.

According to "paid annual leave for enterprise employees"

"Article fourth stipulates that when workers work in the same or different employers, and in accordance with laws, administrative regulations or State Council regulations, they should be regarded as accumulative working hours.

Therefore, workers can enjoy paid annual leave as long as they have worked continuously for 12 months from the time of work, and employees do not have to meet the requirement of continuous employment for 1 years in the new employer.

The twelfth provision for the implementation of paid annual leave for enterprises is stipulated in the following article: "when the employer or Employee terminates or terminates the labor contract, if the employee is not entitled to a sabbatical leave for the year, he shall convert the number of days off on the basis of the working time of the employee in the year and pay the annual salary for the annual leave. However, the portion that is less than 1 days after the conversion will not pay the annual salary.

The conversion method stipulated in the preceding paragraph is: (when the year has passed the calendar days in the unit 365 days) * the number of days of annual leave that the employee should enjoy throughout the year - the number of days that have been arranged for the year.

In 2015, Zhang had a calendar day of 203 days in a property company in Qingdao. The number of days with paid annual leave should be counted as (203 365 365) x 5=2.78 days, and the number of 0.78 days less than 1 days would not be counted as the annual leave.

Finally, the Arbitration Commission adjudication a property Qingdao branch to pay 1839.08 yuan of paid annual vacation salary for Zhang Mou in 2015.