Can the company terminate the labor contract and claim compensation if it does not give annual leave

If the company does not give you annual leave and does not compensate you, you can terminate the employment contract and ask for financial compensation.

If the company does not arrange for the employee to take annual leave and does not compensate the employee, you can terminate the labor contract on this ground and be entitled to economic compensation if it falls under other circumstances of the employer's breach of contract or illegal act as stipulated in the administrative regulations.

For severance payments, you can ask the company to give according to the following criteria:

According to the provisions of the Labor Contract Law, the severance shall be calculated and paid to the employee according to the number of years of service in the employer, and one month's salary shall be paid to the employee for each full year.

Where it is more than six months but less than one year, it is calculated as one year. If it is less than six months, the worker shall be paid half a month's salary.

If your monthly salary is three times higher than the average monthly wage of employees in the previous year announced by the people of the municipality directly under the Central Government or the city level divided into districts where your company is located, then the standard of economic compensation to be paid by your company must be paid at three times the average monthly salary of employees, and the maximum number of years of economic compensation paid to employees shall not exceed 12 years.

It should be noted that the monthly wage mentioned here refers to the average salary of the employee in the 12 months prior to the termination or dissolution of the employment contract.

If your company does not give you annual leave or compensation, in fact, you do not need to wait until the labor contract is terminated to ask for compensation, as long as your company has the above behavior, you can go to the local labor inspection brigade to complain, or to your local human resources and social security bureau (labor bureau) to apply for labor dispute arbitration for mediation. If you apply for labor arbitration, if the compensation is large, it is recommended that you appoint a professional lawyer to participate in the arbitration when applying for arbitration.

Severance payments.

No, but you can communicate with the company and ask the company to pay the annual leave.

Wages for the period.

The law stipulates that employees who have worked continuously for more than one year are entitled to paid annual leave.

The employer shall ensure that the employee is entitled to annual leave. Employees are entitled to the same salary during the annual leave period as they would during normal work. Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave.

In other words, in principle, the company should arrange for employees to take annual leave, and if the company does not arrange annual leave, it should pay 300% of the salary. The employer does not arrange annual leave for employees.

If the employee is not paid the salary and remuneration for annual leave in accordance with the law, the worker may report it to the labor inspectorate, and the labor inspector shall order him to affix his seal within a time limit. If the change is not made within the time limit, in addition to the annual leave salary and remuneration, the compensation for the amount of wages payable shall be paid.

However, if an employee resigns on the grounds that the company does not allow him to take annual leave and does not pay him annual leave wages, his claim for compensation cannot be supported, because this is not a statutory ground for the employee to terminate the contract and claim for severance payment.

Therefore, it is recommended to take the initiative to communicate with the company and claim the annual leave salary you deserve.

As long as you unilaterally terminate the contract, no matter what the reason, there is no compensation.

If the employer does not give annual leave, it can apply for labor arbitration through labor arbitration, but it cannot terminate the contract and claim compensation, which are two different things.

If the employer does not give annual leave, it is very okay to terminate the contract by itself and ask for financial compensation at the same time, and if it does not, sue them.

If you resign and can initiate arbitration to claim economic compensation, you need to meet the requirements of Article 38 of the Labor Contract Law.

In this case, of course, you can, because you work in the workplace, then this annual leave should be the longest annual leave that every employee should get should be 15 days, if the unit does not give you, this can be asked by the unit to pay you back wages when applying for labor arbitration, which is also okay, and you also have this right

1. Can the labor contract be renewed for more than 10 years?

If you work for more than 10 years and the labor contract expires, if the company does not renew it, it is a legal condition for an indefinite term contract if you work for 10 years, and if you do not leave the job, the unit cannot terminate the labor contract, and the enterprise needs to compensate for 10 months' wages if it does not renew, and some companies need to compensate workers for double wages for more than 10 years.

2. What should I do if I don't pay my salary for less than one month?

If the employee does not pay wages for one month, the employee may terminate the labor contract and require the enterprise to pay him severance for the termination of the contract in accordance with the law. In addition, the employee can also require the enterprise to pay an additional economic compensation equivalent to 25% of the employee's salary on the grounds that the enterprise has deducted or defaulted on the employee's wages without reason. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year.

Where it is more than six months but less than one year, it is calculated as one year. If it is less than six months, the worker shall be paid half a month's salary.

3. How to solve the problem of non-payment of wages.

If wages are not paid, you can solve the problem with a foolish business, report to the labor administrative department, and apply for arbitration.

If the company fails to pay the employee's wages on time if the company reports to the labor administrative department, the employee can terminate the labor contract at any time and immediately require the company to pay the employee's arrears of wages and 25% of the economic compensation according to the arrears of wages.

You need to confirm the fact of the employment relationship with the employer. After the labor relationship is confirmed, the employer may be required to pay back social insurance and wages. When the employer terminates the labor contract, it shall notify the employee one month in advance, otherwise it shall pay one month's severance as a payment in lieu of payment.

If a written labor contract is not signed, double wages shall be paid, and a written labor contract shall be signed within one month from the date of employment. If an employer terminates a labor contract in violation of the law, it may claim economic compensation, which is twice the amount of the economic compensation. It is recommended to collect relevant evidence in a timely manner, apply to the local labor arbitration department in accordance with the law, and require the company to fulfill the above obligations.

If you are not satisfied with the arbitration result, you can file a lawsuit in court within 15 days after receiving the arbitration letter.

Article 45 of the Labor Law stipulates that the State implements a paid annual leave system.

Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.

Legal analysis: If the company does not give annual leave and does not compensate, it can terminate the labor contract and ask for compensation. If the company terminates the contract, it shall be compensated and compensated for one month's salary based on one year of service.

If the annual leave is not taken, it can be required to pay three times the annual leave salary. If the negotiation fails, Yu Dou can apply for labor arbitration to resolve the issue. If the employer terminates the labor contract within the contract period, then it shall pay labor economic compensation, and as for annual leave, if the employee does not take any leave, then the employer shall pay annual leave compensation according to the regulations.

Legal basis: Article 45 of the Labor Law of the People's Republic of China The State implements a paid annual leave system. Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.