How to compensate for the annual leave of dismissal, and how to compensate for the annual leave of t

Legal analysisIf the employee is dismissed by the company and has not completed the annual leave, the employer may request the employer to convert the unused annual leave into wages and pay compensation to the employee, and the conversion shall be calculated according to 300% of the salary. The so-called annual leave refers to the paid annual leave enjoyed by employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, etc., who have worked continuously for more than one year.

Legal basisArticle 26 of the Labor Law of the People's Republic of China The employer may terminate the labor contract under any of the following circumstances, but shall notify the employee in writing 30 days in advance: (1) The employee is sick or injured not due to work, and after the expiration of the medical treatment period, the employee is unable to engage in the original job or the work arranged by the employer; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through consultation.

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed. Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with law.

If the employee is eligible for annual leave but does not take it, the employee can claim compensation. 1. If the employer does not make arrangements, it shall be handled in the following ways: 1. Leave can be arranged in the next year with the consent of the employee; 2. If the employee does not agree to the arrangement in the next year, he shall pay 300% of the salary (including the normal attendance salary, but in fact 200% is paid separately); 3. The employer directly pays 300% of the salary.

2. If the employer arranges for the employee to take leave, and the employee does not take the leave due to his own wishes, the employee shall not be arranged for leave, and there is no need to pay additional wages and remuneration. Legal basis: Article 9 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises shall be arranged by the employer according to the specific conditions of production and work, and taking into account the wishes of the employees themselves.

If the employer is unable to arrange annual leave for employees or arranges annual leave across one year due to work needs, it shall obtain the consent of the employees themselves. Article 10 Where an employer does not arrange annual leave with the consent of the employee or arranges less than the number of days of annual leave that should be taken, it shall, within the current year, pay the employee 300% of the daily wage income for the unused annual leave, including the salary income paid by the employer to the employee during the normal working period. If an employer arranges for an employee to take annual leave, but the employee submits in writing not to take the annual leave due to his/her own reasons, the employer may only pay the employee's salary income during the normal working period.

Legal analysis: If the employee and the employer terminate the labor relationship, and the employee's annual leave has not been completed, the employer may convert it into wages and pay the employee according to the law, and the employee can also terminate the labor relationship only after the employee has taken the leave in accordance with the law. If the employer fails to pay compensation, the employee may report to the labor dispute arbitration commission where the employer is located to apply for labor arbitration to protect his or her legitimate rights and interests.

Legal basis: Article 10 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises stipulates that if an employer does not arrange annual leave with the consent of the employee or arranges the number of annual leave days for the employee to be taken less than the number of annual leave days that should be taken, the employer shall pay the employee 300% of the daily wage income for the number of unused annual leave days that should be taken within the current year, including the salary income paid by the employer to the employee during the normal working period, and the employer shall make overall arrangements for the annual leave according to the specific conditions of production and work and considering the employee's own wishes.

Legal analysis: If the company dismisses the employee and the employee fails to take the annual leave, the employer may convert the annual leave into wages and pay the employee in accordance with the law. The employee can terminate the employment relationship only after taking the holiday in accordance with the law.

If the employer fails to pay compensation in accordance with the provisions of the contract when terminating the labor contract, the employee may apply to the labor dispute training and arbitration commission where the employer is located for labor arbitration to protect his legitimate rights and interests.

Legal basis: Regulations on Paid Annual Leave for Employees

Article 2 Employees of units, such as organizations, enterprises, public institutions, private non-enterprise units, and individual industrial and commercial households with employees, who have worked continuously for more than one year, shall enjoy paid annual leave (hereinafter referred to as 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.

Article 3 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. National statutory holidays and rest days are not included in the annual leave.

The company shall pay 300% of the salary as compensation for the annual leave of dismissal.

According to the specific situation of production and work, and considering the wishes of the employee, the employer shall make overall arrangements for annual leave. If the employer is unable to arrange annual leave for employees or arrange annual leave across one year due to work needs, it shall obtain the consent of the employee himself/herself.

Companies have the right to lay off employees and the obligation to pay compensation to employees. The specific amount of compensation is one month's salary for each year's seniority, one month's salary for less than 6 months, and one month's salary for more than 6 months. The compensation is based on the average salary for the last 12 months.

Overtime pay is wages, and according to the Law on Dispute Mediation and Arbitration, you have the right to demand that the company pay you the overtime pay you have been paying all the time. Even if it is overtime pay incurred in the past, as long as the intermediary labor relationship has not been broken, it can be claimed. The company is obliged to take out the payroll to prove whether it has paid you enough overtime pay, but due to evidentiary reasons, the general judicial practice is that overtime pay is only supported within 2 years, and before 2 years, the employee is required to provide evidence to prove the existence of overtime and that the wages paid by the company do not include overtime pay.

Therefore, there is a great hope for overtime pay within 2 years, and overtime pay before 2 years is possible.

Legal basis

Measures for the Implementation of Paid Annual Leave for Employees of Enterprises".

Article 12 When an employer dissolves or terminates a labor contract with an employee, if it fails to arrange for the employee to take the full number of days of annual leave in the current year, it shall calculate the number of days of unused annual leave and pay the wages and remuneration for the unused annual leave according to the working hours of the employee in the current year, but shall not pay the wages and remuneration for the unused annual leave for less than one full day after conversion.

The conversion method stipulated in the preceding paragraph is as follows: (365 calendar days have passed in the current year in the unit) The number of annual leave days that the employee should enjoy throughout the year - the number of annual leave days that have been arranged in the current year.

If the employer has already arranged annual leave for employees in the current year, the number of days exceeding the annual leave that should be taken will not be deducted.

Legal analysis: If the company dismisses the employee and the employee does not take the annual leave, the employer may convert the annual leave into wages and rent to pay the employee in accordance with the law. The employee can terminate the employment relationship only after taking the holiday in accordance with the law.

If the employer fails to pay the compensation bridge compensation in accordance with the provisions of the contract when terminating the labor contract, the employee may apply to the labor dispute arbitration commission where the employer is located for labor arbitration to safeguard his legitimate rights and interests.

Legal basis: Regulations on Paid Annual Leave for Employees

Article 2 Employees of government organs, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, and other units shall enjoy paid annual leave (hereinafter referred to as annual leave) if they have worked continuously for more than one year. 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.

Article 3 Employees who have worked for 1 year but less than 10 years shall have 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. National statutory holidays and rest days are not included in the annual leave.