How can I compensate for my annual leave after being dismissed 10

If you are dismissed by the company, you will be compensated for an additional 2 months' wages.

In addition, the new labor law does not have provisions on annual leave, so even if you apply to the local arbitration authority for arbitration, it is estimated that it will not be enough.

If the company doesn't give you, you can call the local labor inspection brigade to see their handling opinions or suggestions.

If you are not satisfied with the handling opinions, you can consider applying for labor arbitration again!

Six days of annual leave is a trivial matter, and it is illegal to terminate an employment relationship without one month's notice. The unit may be required to bear the corresponding liability for compensation.

The employer shall pay the wages of the employee during the unused annual leave, and the employer shall pay the employee 300% of the employee's daily salary (the daily wage income for calculating the salary and remuneration for unused annual leave shall be converted according to the employee's monthly salary divided by the number of monthly salary days (days)).

If the employer is unable to arrange for the employee to take annual leave due to work needs, it may not arrange for the employee to take annual leave with the consent of the employee himself. For the number of days of annual leave that should be taken by the employee, the employer shall pay the annual leave salary and remuneration according to 300% of the employee's daily salary income (the daily wage income for calculating the salary and remuneration of unused annual leave shall be converted according to the monthly salary of the employee divided by the number of monthly salary days (days); Monthly salary refers to the average monthly salary of an employee in the 12 months before the employer pays the employee the salary for unused annual leave, excluding overtime wages. If the working time of the employer is less than 12 months, the average monthly salary shall be calculated according to the actual month).

In addition, if an employer arranges for an employee to take annual leave, but the employee submits in writing that the employee does not 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.

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 due to work needs or arranges annual leave for filial piety leave across one year, it shall obtain the consent of the employee himself/herself. Article 10 Where an employer does not arrange annual leave with the consent of the employee or arranges for the number of leave days for the employee to be 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 unused annual leave in the current year, including the wages 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.

1. When the employer dissolves or terminates the labor contract with the employee, if the employee is not arranged to take the full number of days of annual leave in the current year, the number of days of unused annual leave shall be calculated according to the working hours of the employee in the current year and the salary and remuneration for the untaken annual leave shall be paid, but the part of the unused annual leave shall not be paid for the part less than one full day after conversion;

2. If the 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 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 days of annual leave that should be taken in the current year.

Compensation for dismissal:

1. The economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of one month's salary for each full year;

2. If it is more than six months but less than one year, it shall be calculated as one year;

3. If it is less than six months, the worker shall be paid half a month's salary as economic compensation;

4. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of payment of economic compensation shall not exceed 12 years;

5. If the unit is unilaterally dismissed without a legitimate reason, it needs to pay double the compensation according to the above standards.

To sum up, when the employer and the employee terminate or terminate the labor contract, if the employee does not arrange to take the number of days of annual leave in the current year, the number of days of unused annual leave shall be converted according to the employee's working time in Zhaodong in the current year and the salary and remuneration for the unused annual leave shall be paid, but the part less than one full day after conversion shall not be paid.

Legal basis]:

Article 46 of the Labor Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law.

To sum up, when the employer dissolves or terminates the labor contract with the employee, if the employee does not arrange to take the full number of annual leave days in the current year, the number of unused annual leave days shall be converted according to the employee's working hours in the current year and the salary and remuneration for the unused annual leave shall be paid, but the part less than one full day after conversion shall not be paid.

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.

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 basis]:Article 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.