Employees' Leave Units Take Advantage Of Less Compensation

The staff asked for leave on the end of last year, and then extended their vacation to return to the unit in April this year.

The unit is now closed, so it is necessary to give him less compensation.

Is it necessary to reduce compensation for long holidays? A few days ago, Mr. Gu asked the newspaper for help, hoping to know the relevant laws and regulations.

According to Mr. Gu, he is a migrant worker and worked for 7 years in a production enterprise in the suburb of the city.

Since last year, there were fewer businesses in the factory.

No, the bonus is gone. His monthly income is dropping and dropping.

At the end of last year, he saw that there was not much business in the factory. He asked the director of the workshop to ask for a month's leave to go home and renovate the house.

The director said he could take leave, but he could only ask for leave and no salary.

He agreed to fill in the application for leave of absence, and the director signed the report to the personnel department.

Soon, the Ministry of Personnel approved his application.

After returning home, he asked someone to renovate the house. The original thought of a month should be almost the same.

At home, he was a big laborer, and renovation of the house was a great event. He thought about it again and again, and he decided to ask for another time off.

For the Spring Festival, the workers who built the house were returning home. He sent a text message to the director, hoping to extend his vacation.

In view of the fact that the Spring Festival was supposed to take a month's long vacation, the director readily agreed to extend his leave.

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The plan failed to catch up with the changes. The workers who built the house went back to their homes from fifteen months after the first month of the month. It was in the early March when the work was started again, so it was not until the end of March that his house was basically completed.

In the meantime, he had to apply to the director for extension again, and the director agreed.

But when his house was just completed, he suddenly received a call from the director of the workshop, so that he could rush back to the factory immediately. If he did not come, he would have to dismiss it, so he immediately bought a ticket and hurried back to the factory.

When he arrived at the factory, the director asked him to make up for his leave.

After work, he found that there was less work in the factory. His colleagues had to work in the middle of the day, or they had to take a day off in a day.

One month after payday, he only got the minimum wage in the city, which lasted for three or four months.

More than a week ago, the director continued to talk to his colleagues, mainly about the cancellation of compensation.

A few days ago, the director also talked with him and told him that the factory was about to close, so that he could fill in it himself.

He applied for half a month's salary as compensation.

He was very puzzled that he and his colleagues who entered the factory had a few months' compensation. Why was his compensation so small? The director said, because he had asked for a long vacation, he did not need to compensate him. Now he was considered an old worker. He began to calculate the length of service according to his return to work, so he gave half a month's compensation.

Shanghai red three rights law firm director Luo Qiang believes that the unit's statement is wrong.

First, the leave of absence does not mean that the labor relationship is interrupted. There is no special definition of leave in law. Generally, it refers to the holiday which is approved by the unit, except for sick leave and annual leave.

Whether wages can be paid during the period of leave may be handled according to the provisions of the unit. If there is no special agreement, the unit may not pay wages, but generally it should continue to pay social security premiums, which can be borne by the employees.

Although the unit can not pay wages during the leave period, it does not mean that the staff and workers are not related to the unit. The labor relationship between the unit and the employees is still alive.

Secondly, asking for a long vacation is not a reason for not giving compensation.

Mr. Gu's request for leave of absence was approved by the unit. After the extension, although the telephone application was made, the director also agreed to it, and after he returned to the factory, he completed the procedures for asking for leave. That is to say, he did not violate the rules of the unit, and there was no violation of discipline, so the unit should unilaterally terminate the labor contract and give compensation.

Finally, the compensation should be counted from Mr. Gu's entry into the factory. That is to say, the compensation Mr. Gu should receive will be paid according to his working time in this unit, and he will pay one month's salary per full year.

Those who are less than six months old or less than one year shall be paid a half year's salary in accordance with one year's calculation and those who are less than six months.

Director Luo emphasized that the closure of units caused by units must not be terminated according to the way of employees' resignation, even if the unit can deal with the working life of employees during their leave period according to the provisions of the enterprise, but it is by no means a recalculation.