Have you finished your annual leave? Labor inspection department: after expiration is not invalidated, the employer does not give money if it does not give leave

Modern Express News 2021 is coming to an end, have you finished your annual vacation? Can I arrange annual leave without taking annual leave? What should I do if the employer does not arrange annual leave and does not pay annual leave wages? How is annual leave pay calculated? ...... These are perhaps the most concerned issues for office workers these days. The Modern Express reporter interviewed the labor inspection department and learned that the annual leave is "not invalid when it expires", and the unit should take the initiative to arrange for the employees to take annual leave, if the arrangement cannot be made, the annual leave can be extended to next year, otherwise it will be given money.

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Worried that the leader felt that the work was not active, the boy gave up taking annual leave

Sun Ni, who is engaged in education work, told the Modern Express reporter that it is easy for their unit to take annual leave, "according to their own time and wishes to apply." "And in addition to the annual leave, the unit also gave each employee an additional three days of welfare leave." Many of our colleagues will apply for annual leave and welfare leave together, so that on weekends, there are ten or so days to relax. ”

There are also some people who do not go well with annual leave. Xiao Li, who works in the Xinjiekou area of Nanjing, said he had waited for the holiday to be invalidated. "Two days ago, a colleague went to ask for annual leave and it was rejected." Xiao Li told the Modern Express reporter that colleagues went to ask for leave and were approved by the leaders, saying that they were so busy at the end of the year, how could they still think about vacation. "If I insist on taking time off, the leader may feel that I am not active in my work." As for the annual leave that should be taken, you can get three times the daily wage, Xiao Li said that he does not have the luxury of asking.

Ms. Yang, a project assistant of a listed company, also sighed: "Our company's annual leave is uniformly arranged around the Spring Festival, the company put two more days, I have no way to take the initiative to apply." Talking about related reasons, Ms. Yang said that their company's daily work tasks are very heavy, and the projects are completed by team cooperation, in order not to delay the progress of the work, increase the burden on other colleagues, and can only obey the company's arrangements.

Do you have a few days off for the year? Can I enjoy annual leave in the first year of employment?

Ms. Wan graduated from university in July 2020, worked for the first time in a company in Nanjing at the beginning of the same month, and left in August 2021, where she worked for 13 consecutive months. On August 20, 2021, Ms. Wan complained to the local labor and social security inspectorate, believing that she had worked in the company for 13 consecutive months and was able to enjoy 5 days of paid annual leave, but she did not ask for leave. She hopes the company will pay the right amount.

So, does Ms. Wan enjoy annual leave?

Zuo Fei, head of the Labor Security Supervision Section of Yuhuatai District, said that according to the provisions of the "Regulations on Paid Annual Leave for Employees", employees who have worked for less than 1 year have been working for less than 10 years have 5 days of annual leave. If the 10 years have been completed and less than 20 years, the annual leave is 10 days; if the 20 years have been completed, the annual leave is 15 days. National statutory holidays and rest days are not counted as annual leave. In this way, Ms. Wan should enjoy 5 days of annual leave. However, article 2 of the Regulations on Paid Annual Leave for Employees also stipulates the preconditions for enjoying annual leave, and the premise for enjoying annual leave is that the employee has worked in the unit for one consecutive year. Zuo Fei said that although Ms. Wan has worked continuously for one year, the working years that she can convert to annual leave are not 13 months, but only 1 month, that is, she cannot enjoy annual leave in the first year of employment. Therefore, according to the number of years of service that can be converted into annual leave, she should take less than 1 full day of annual leave before leaving her job, and should not enjoy annual leave, so she cannot claim untaken annual leave wages.

What should I do if I don't take my annual leave? The authoritative response came

What should I do if I don't take my annual leave? This is perhaps the biggest concern for office workers. The Modern Express reporter learned that the annual leave can be arranged centrally in 1 year, or it can be arranged in sections, generally not across the year. Only when it is really necessary for the unit to arrange annual leave for employees across the year due to the characteristics of production and work, it can be arranged across 1 year.

If the unit is really unable to arrange for the employee to take the annual leave for the current year due to the needs of work or operation, with the written consent of the employee himself, the employee may not be arranged to take annual leave, but the unit shall pay the annual leave wage remuneration according to 300% of the employee's daily wage income for the number of days of untaken annual leave. However, if the unit has arranged for the employee to take annual leave, and the employee proposes in writing not to take annual leave due to his or her own reasons, he will not be charged 3 times the salary and will only enjoy the wage income during the normal working period.

The Modern Express reporter learned that how much money to take is also a matter that is more likely to cause controversy between employers and employees. Mr. Shao was a programmer at a software company in Nanjing, due to the particularity of Mr. Shao's work, there were still 13 days of annual leave during his employment from 2018 to 2020, so Mr. Shao conveniently went to the local labor security inspection agency in 2020 to complain about the company. The parties disputed the amount of wages.

How exactly should annual leave pay be calculated? Article 10 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises stipulates that the employer shall pay the wage remuneration for the untaken annual leave at 300% of the employee's daily wage income. The daily wage income is converted according to the employee's monthly salary divided by the number of monthly salary days (21.75 days). It should be noted that the monthly wage refers to the average monthly wage of the employee after excluding the overtime wage in the 12 months before the employer pays him or her untaken annual leave wages. The Modern Express reporter learned that Mr. Shao arbitrated overtime wages while complaining about annual leave wages, so he could not determine this so-called "daily wage" before the final trial, resulting in the inability to calculate annual leave wages. After going through one adjudication and two trials, Mr. Shao recently received his own annual leave salary.

Some employees believe that if they do not take annual leave when they leave their jobs, they can get an additional 3 times the salary according to the daily wage of the employee. The Modern Express reporter learned that this understanding is actually biased. Because I did not take annual leave and chose to go to work, this part of the salary employer has already paid. Therefore, when leaving, the company should compensate 2 times the salary.

The labor inspection department went to the enterprise to give a lecture and implement centralized special management of the annual leave problem

If the unit does not arrange for the employee to take annual leave and does not give the annual leave salary remuneration in accordance with the regulations, the worker may report to the labor security department in accordance with the law, and the personnel department or labor security department of the local people's government at or above the county level shall order correction within a time limit in accordance with its authority;

The Modern Express reporter learned that in recent years, the number of cases related to annual leave has decreased year by year. The labour and social security inspectorate has also taken many measures. For example, in order to make employers pay enough attention to the paid annual leave of employees and effectively protect the legitimate rights and interests of the majority of employees, the Labor Inspection Brigade of Yuhuatai District actively announces the telephone number for reporting and complaints to the public, opens up information channels, and timely and accurately captures various reports and complaints. At present, combined with the needs of epidemic prevention and control, we also make full use of the "online + offline" multiple publicity channels to widely publicize the importance of paid annual leave for employees, and deeply popularize relevant laws and regulations such as special provisions on paid annual leave for employees.

Zuo Fei told the Modern Express reporter that Yuhuatai District conducted special inspections of the implementation of paid annual leave for employees in its jurisdiction, focusing on labor-intensive enterprises such as catering and processing and manufacturing, focusing on the inspection of employers in its jurisdiction, paying attention to publicity and education, decomposing and implementing work tasks at all levels, strictly enforcing work discipline, and implementing centralized special management of the annual leave problem.

Intern Liu Yuling Trainee reporter Liu Yao Modern Express + reporter Xu Suning