The Implementation Of Paid Vacation Is A Difficult Problem.
The implementation of paid vacation is a difficult problem. According to statistics, the number of paid leave in 2015 is only 25.9%, but there are very few people who report complaints, and even those who report in some places are zero. After the resignation, rights protection is so difficult, let alone during the service. There is a law that does not enforce the company, and the arbitration department has rejected the application. The first two channels have been blocked, and finally the court has won. Although this victory is a good ending, how much energy it has consumed, how much time it has consumed, how many people can survive, this kind of victory is sour.
After two years of no annual leave, Mr. Yang filed a lawsuit against the company after applying for arbitration to the labor arbitration commission. He asked the court to pay 300% yuan for the 21 day's annual leave of 13902.11 yuan. The case has the final result: during the year, the number of unrest days for the workers and the workers should be taken, and the annual vacations are paid in accordance with 300% of their daily wage income. Wages and salaries The judgement company paid 13902.11 yuan to Yang.
Having received three times of the wage remission and maintaining its own rights and interests, Mr. Yang has finally won a lawsuit against the court. However, from this case, it is not so easy to maintain the annual leave with salary. After several rounds, it was rejected by the Labor Arbitration Commission for arbitration. program We can see the difficulty of the case.
What needs to be pointed out is that Mr. Yang has asked for compensation for annual leave with paid annual leave, instead of being in office, but after resigning, it can be said that when he took the leave that year, he could put forward why he had to wait for his resignation and put forward his own reasons. During his stay in office, he had to face the boss's bowl and look at the boss's face. He had the right to speak in the hands of others. If he was serious, he might have lower wages, lower his income, and even changed jobs to do rough work. Such an on-the-job dare not say, resigning again, is not a case, it is universal.
Moreover, employees are required to enjoy paid annual leave without having to take legal proceedings. According to the labor law, "anyone who has worked for more than 1 consecutive years can enjoy paid annual leave". According to this regulation, the annual leave with pay is the compulsory obligation of the employer, and it should be arranged voluntarily. But knowing clearly that there is a French rule, we also know that the hard top will not pay the wages which will be paid 3 times. Why does the company not take the initiative and start early? In the past, most bosses who do not let the wage pay exist: they are not afraid of you. You have your opinion. I have my reasons. It can be said to be linked to economic benefits. It can also be said to be piecework wage, which can be said to be a company loss. If we want to, we can find out numerous reasons.
It is not so easy to find the competent authorities. If you want to prepare the information, the data will be rejected. Even if it is ready, the arbitration department may not be able to act impartially. Once the conflict with the interests of the Department and the local authorities is made, the arm will be turned into a bureaucratic chamber, and it will be unreasonable to make a mistake. The most common way is to directly push it to the court.
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