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The statutory annual leave can be taken normally, and I think it is unreasonable to be a miner.
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1. Not going to work on statutory holidays is not considered absenteeism. Absenteeism during leave is not considered absenteeism. Workers have the right to rest and vacation, and can rest freely on rest days and statutory holidays.
Generally, absenteeism is not due to those who do not go to work on weekdays.
2. Legal basis: Article 85 of the Labor Law of the People's Republic of China.
The labor administrative departments of the people's governments at or above the county level shall supervise and inspect the employer's compliance with labor laws and regulations in accordance with the law, and have the right to stop the violations of labor laws and regulations and order corrections.
Article 86.
The labor administrative departments of the people's ** at or above the county level supervise and inspect the personnel performing their official duties, and have the right to enter the employer to learn about the implementation of labor laws and regulations, consult the necessary materials, and inspect the workplace.
The supervision and inspection personnel of the people's labor administrative departments at or above the county level must present their certificates, enforce the law impartially and abide by the relevant regulations.
2. What are the standards according to which the employer should pay wages and remuneration higher than the wages of the employees for normal working hours?
The employer shall pay the employee a wage higher than the employee's normal working hour wage according to the following standards:
1. If a worker is arranged to work longer hours, he or she shall be paid a wage remuneration of not less than 150% of the wage;
2. If the worker is arranged to work on a rest day and cannot arrange a compensatory break, the wage remuneration shall not be less than 200% of the wage;
3. If a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300% of the wage.
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Legal Analysis: Count Absenteeism. Although the arrangement of the annual leave period should take into account the employee's own wishes, it does not mean that the employee can decide to take the annual leave at any time.
Otherwise, if many people choose to take a vacation at the same time, it will lead to difficulties in the operation of the business. In effect, this gives the employer the autonomy to make overall arrangements for the employee's annual leave. Of course, the two parties can negotiate, but if the negotiation cannot reach an agreement, the employee must still obey the employer's arrangement.
Legal basis: Article 3 of the Regulations on Paid Annual Leave for Employees If an employee has worked for 1 year but less than 10 years, he or she 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.
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Not counted. The so-called absenteeism refers to the failure of an employee to come to work during working hours without justifiable reasons and without prior approval. According to the provisions of labor laws and regulations, public holidays and statutory holidays are the time for employees to take a break and rest, not working hours, so employees who do not go to work in the workplace on public holidays and statutory holidays should not be counted as absenteeism.
Legal basisArticle 6 of the Provisions on the Working Hours of Employees.
No unit or individual may extend the working hours of employees without authorization. Where it is truly necessary to extend working hours due to special circumstances or urgent tasks, it is to be carried out in accordance with relevant state provisions.
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Absenteeism is the absence of an employee who does not ask for leave or does not approve the leave on a normal working day, and the leave is the time when the law or the agreement concluded in accordance with the law stipulates that he must rest for a certain period of time worked.
The employer may terminate the labor contract if the employee has one of the following circumstances and the negotiation form is formed: (1) it is proved that the employee does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer who used the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.
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Legal Analysis: Not coming to work during a vacation is not considered absenteeism.
Absenteeism is the absence of an employee who does not ask for leave or does not approve the leave on a normal working day, and the leave is the time when the law or the agreement entered into by the law stipulates that the employee must rest for a certain period of time work.
Legal basis: Labor Contract Law of the People's Republic of China
Article 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.
When formulating, revising or deciding on rules and regulations or major matters directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, training for employees, labor discipline and labor quota management, etc., the employer shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.
In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.
The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.
Article 29 The employer and the worker shall fully perform their respective obligations in accordance with the provisions of the labor contract.
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
After the expiration of the employment contract, if the employment contract is not renewed due to unilateral reasons of the company, you can claim one month of severance from the company for each year of service. In addition, if you have uncompleted annual leave, you can claim compensation from the company. Article 10 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises Article 10 If an employer does not arrange annual leave with the consent of the employee or arranges 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 unused annual leave that should be taken during the current year, including the salary income paid by the employer to the employee during the normal working period. >>>More
Article 2 of the Regulations on Paid Annual Leave for Employees stipulates that employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees and other units 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. >>>More
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There is no absolute right or wrong between husband and wife, you should be considerate of each other and help each other, since your husband goes to work and you don't have to go to work, it is also good to find some trivial things such as cooking and washing clothes, try to learn to cook a few delicious meals, not only can you comfort your husband, you will also have a sense of harvest, and it will be very fulfilling, it is better than doing nothing, empty and boring, if your husband is good to you, you should also be more considerate of him A little better for him, so that it will not affect the relationship between husband and wife, the sweeter it is, I wish you happiness.