Beware of the way employers embezzle employees' "vacation rights"

Watch out for the way employers embezzle employees' vacation rights

What are the ways employers embezzle employees' vacation rights? Everyone has the right to take a vacation in the workplace, but some employers will invade their employees' vacation rights in different ways. What if they do? Let's take a look at the ways to guard against employers embezzling employees' "vacation rights"!

Watch out for the way employers embezzle employees' "vacation rights" 1

Trick 1: Use "years of employment" instead of "accumulated years of service" to play "digital games"

Employers only calculate the annual leave based on the working hours of workers in their own units, which leads to disputes between workers and employers over the number of annual leave days. For example, Li, an employee of the company, proposed to take a 1-day vacation and submitted the "Certificate of Length of Service" issued by the talent service center, proving that his accumulated work has been over 1 years. The employer thinks that he can only enjoy five days of statutory paid annual leave if he has worked in the company for less than 1 years.

The judge suggested that the number of days of annual leave for workers should be based on the accumulated working years before joining the company, and the workers should make clear to the employer the number of years they have worked and the number of days of paid annual leave they should enjoy when joining the company to avoid disputes.

Trick 2: Play with the concept of "stealing" by "waiting for jobs"

The employer signs labor contracts with the workers intermittently, and then evades the statutory annual leave conditions by waiting for jobs between several labor contracts. For example, a technology company thinks that workers have waiting time every year, there is no continuous work for 12 months, and they should not enjoy paid vacation; Workers believe that their actual work has not been interrupted for three consecutive years, and they should enjoy paid vacation according to law.

The judge suggested that if the judge can confirm the continuous working hours in terms of evidence, he will continuously calculate the working years of the workers and strive for the maximum compensation benefits for the workers. Laborers should strive to collect relevant evidence about continuous working hours, such as attendance records, work documents, wage payment records and other materials, in order to win the initiative in the process of litigation evidence.

Trick 3: Replace the statutory "vacation" with "travel benefits" and play with "confusing benefits"

The employer has arranged for employees to travel abroad during their employment, so they are exempted from the right to enjoy annual vacation. Workers recognize that they have indeed participated in the tourism activities arranged by the unit, but do not recognize that tourism benefits are annual leave treatment. The court held that traveling abroad is a welfare treatment arranged by the unit for employees, and it cannot be regarded as that the employee enjoys the annual leave. At the same time, the employer did not explain to the employee in advance that the travel time should be deducted from the number of annual leave days, and the employer's defense claim was not accepted.

The judge suggested that the employer should formulate detailed regulations on vacation system. If the employer has the corresponding provisions to discount the number of annual leave days with welfare benefits, it should inform the workers in advance, so that the workers can make a clear choice between enjoying the unit welfare benefits or enjoying the statutory annual leave benefits. Beware of the concept of' mode 2

where employers embezzle employees' vacation rights: deducting' paid annual leave' with' waiting for employment'

At the beginning of last year, due to the off-season of production, Zhang Zhi's company required all employees to stay at home for two months, except security guards and mechanical maintenance personnel, and then return to work on time, and all employees who were waiting for work only paid the basis during the waiting period. At the end of last year, because his father was ill in hospital, Zhang Zhi went to take care of him. "According to the regulations, I enjoy five days paid annual leave. Who knows that after applying for leave to the company, I was rejected because I have rested for 6 days during my stay, so I no longer enjoy paid annual leave."

Zhang Zhi said that the HR department said at that time that it was the peak season of the company's production, and once he left his post, it would definitely affect production. Can the waiting time be deducted from the paid annual leave?

the staff of Guiyang labor security supervision detachment said that according to the regulations of the State Council on paid annual leave for employees (hereinafter referred to as the regulations), the waiting time can not be deducted from paid annual leave. On the one hand, waiting time cannot replace paid annual leave. Waiting for a post refers to that employees leave their jobs temporarily under the premise of maintaining labor relations with the employer according to the arrangement of the employer, and within a wage payment period, the employer shall pay wages according to the standard of providing normal labor; If the salary payment period exceeds one, the basic living expenses can be paid. Paid annual leave means that workers can enjoy a certain number of days of rest as long as they work continuously for more than one year according to the law, and the employer must unconditionally pay wages in full according to the labor contract.

Article 4 of the Regulations stipulates: "Employees are not entitled to annual leave in the current year under any of the following circumstances:

(1) Employees enjoy winter and summer vacations in accordance with the law, and their vacation days are longer than the annual vacation days;

(2) The employee has taken personal leave for more than 2 days and the unit does not deduct wages according to regulations;

(3) Employees who have worked for more than one year but less than 1 years have taken sick leave for more than two months;

(4) Employees who have worked for more than 1 years but less than 2 years have taken sick leave for more than 3 months;

(5) Employees who have worked for more than 2 years have taken sick leave for more than 4 months. " In other words, only under one of the above five circumstances can employees no longer enjoy paid annual leave, which does not include waiting for posts. On the other hand, companies cannot deprive employees of paid annual leave because they are in the peak season of production.

Article 5 of the Regulations stipulates: "The unit shall make overall arrangements for employees' annual leave according to the specific conditions of production and work, taking into account their own wishes ... If the unit really cannot arrange employees' annual leave due to work needs, it may not arrange employees' annual leave with their consent. For the number of days of annual leave that employees should take, the unit shall pay the annual leave salary according to 3% of the employee's daily wage income. "

that is, when employees do not agree to pay 3% annual leave salary, the company cannot ignore the rights of employees because of tight production and fear of affecting their own interests, and the units should make "overall arrangements" according to each other's actual situation.

confusing welfare: replacing "legal leave" with "travel welfare"

Dong Qing is a manager of a training institution, and he signed a five-year labor contract with the unit. In 217, due to busy work, Dong Qing did not apply for annual leave. When the term of the labor contract expired in December of that year, Dong Qing asked the unit to pay the salary of the annual leave he had not taken in that year. However, the unit replied that although he didn't take annual leave alone this year, it should be deemed that he had enjoyed paid annual leave when the unit organized a five-day employee tour in April. In order to prove it, the unit also submitted attendance records, travel photos, train tickets and other evidence for the month.

Dong Qing doesn't deny that he has participated in the travel arranged by the company, but he doesn't think that travel benefits are annual leave treatment, and the company didn't give any special instructions when organizing the travel, so he applied for labor arbitration to claim annual leave salary. The labor arbitration institution supported Dong Qing's appeal.

the labor arbitration institution believes that annual leave is the legal leave treatment for workers, and the purpose of the paid annual leave system stipulated by the state is to give workers the necessary time to have a better rest, and during the annual leave, workers can freely control the rest and relaxation time. However, all kinds of welfare benefits provided by the employer to the workers, such as arranging trips abroad and reimbursing travel expenses, are only benefits beyond the statutory standards, and are a measure taken by the employer to motivate employees to work and improve their treatment. However, in nature, travel time is not a time for workers to freely control rest and relaxation, so it cannot be confused with annual leave. What's more, the unit didn't explain to the workers in advance that it was necessary to offset the number of days of annual leave with travel time, so that the workers could choose between enjoying the benefits of the unit or enjoying the annual leave. Therefore, the unit should pay Dong Qing five days' annual leave salary according to the standard of 3% of his daily salary.