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The Model Meaning Of "Winning The Case Of Unpaid Annual Leave"

2016/11/8 19:58:00 34

WorkplaceAnnual RestEquity

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 ordered the court to pay 300% of the daily wage income for 21 days.

Annual leave wage

13902.11 yuan.

The case was recently concluded, and Mr. Yang's request was supported by the court.

According to the labor law, "anyone who works continuously for more than 1 years can enjoy paid annual leave".

Paid annual leave is the compulsory obligation of employers. But at present, enterprises and institutions that are not standardized in China's employment system still exist, and some units can not even guarantee employees' normal statutory leave, let alone cash benefits such as annual leave.

Why should the statutory annual leave be paid off?

Rights protection cost

Too high, work hard.

Looking at Mr. Yang's case, Mr. Yang sued the court and finally won the lawsuit. During his multiple rounds, he applied for arbitration to the labor arbitration commission and was rejected. Even after the court passed the first instance and second instance procedure, he finally won the lawsuit after repeated twists and turns.

In addition, the reporting channels are not smooth.

Obtain evidence

Difficult process is also an important factor in taking paid annual leave.

Mr. Yang's victory fully shows that the annual salary of paid annual leave is the legitimate rights and interests of the laborers, and the employer should not infringe upon it.

Although the process of safeguarding rights has gone through twists and turns, Yang has finally won the lawsuit, which has certain model significance.

Mr. Yang's case can at least give us the following warning: first, workers should have a sense of rights protection; once they encounter unfair treatment, they can safeguard their rights through legal channels; two, relevant departments should unimpede reporting and improve follow-up treatment mechanisms, increase penalties for illegal employers, and safeguard the rights and interests of workers with paid annual leave in accordance with the law.


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