After five years of work, the unit has been dismissed and has not taken annual leave, and the compen

Yes. If the employer terminates the labor contract without justifiable reasons, it constitutes illegal termination, and may file a complaint with the labor bureau or apply for labor arbitration to claim compensation (5*2=10 months' salary).

Legal basis: Article 87 of the Labor Contract Law If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

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 severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Five years is enough.

Because the first 4 years have exceeded the statute of limitations!!

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 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 wage income paid by the employer to the employee during the normal working period. 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 annual leave in the current year, it shall calculate the number of days of untaken annual leave and pay the wages and remuneration for the untaken annual leave according to the working hours of the employee in the current year. The conversion method provided for in the preceding paragraph is:

The number of calendar days that have passed in the current year in the unit (365 days) 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.

There is compensation. According to the provisions of the relevant laws of our country, the employer does not arrange for the employee to take annual leave, and if the employee has not taken the annual leave after leaving the job, the employee can claim economic compensation. Article 5 of the Regulations on Paid Annual Leave for Employees shall be made in accordance with the specific conditions of production and work, and in consideration of the wishes of the employees themselves.

Annual leave can be arranged in a centralized manner within one year, or it can be arranged in stages, and generally not across years. If it is truly necessary for the unit to arrange annual leave for employees across years due to the characteristics of production and work, it may be arranged across one year. 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 wage income.

Annual leave refers to the leave given to employees once a year. That is, 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, can enjoy paid annual leave. The employer shall ensure that the employee is entitled to annual leave.

On January 1, 2008, the Regulations on Paid Annual Leave for Employees came into effect, and the Regulations also pointed out that paid annual leave does not include relevant provisions such as national statutory holidays. At present, it is true that some employees are unable to take annual leave due to work needs. In order to protect the rights and interests of these employees, the regulations stipulate that if an employee fails to enjoy annual leave due to work reasons, the employer shall pay corresponding compensation in addition to the normal salary income.

As for the standard of compensation, in the process of soliciting opinions, there were many opinions that it should comply with the provisions of the Labor Law that "if an employee is arranged to work on a statutory holiday, he shall be paid a wage remuneration of not less than 300% of the wage". Accordingly, the regulations stipulate that if an employer is unable to arrange for an 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 wage income.

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 to the employee in accordance with the law, and the employee may also terminate the labor relationship only after the employee has taken the leave in accordance with the law. If the employer fails to pay, the employee may report to the labor dispute arbitration commission where the employer is located to apply for labor arbitration to protect his legitimate rights and interests.

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 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, 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.

Legal analysis: The employer may convert wages into wages and pay them to the employee in accordance with the law, and the employee may also terminate the employment relationship only after taking leave in accordance with the law.

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 the employee fails to take the annual leave in the current year, it shall calculate the number of days of unused annual leave according to the working hours of the employee in the current year and pay the wages and remuneration for the unused annual leave, but the part that is less than one full day after the calculation shall not be paid.

Compensation for unused annual leave: If the employee's annual leave is not taken due to the employer's arrangement, the employee can be arranged to take leave across one year; If this arrangement is not possible, the employee shall be paid 300% of the daily wage income of the employee.

Article 10 If an employer does not arrange annual leave with the consent of the employee or arranges the number of leave days for the employee to be less than the number of annual leave days that should be taken, it shall pay the employee 300% of the salary income of the employee for the unused annual leave in the current year, including the salary income paid by the employer to the employee during the normal working period. Article 12 of the 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 the employee 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 untaken annual leave according to the working hours of the employee in the current year, but shall not pay the wages and remuneration for the part of the unused annual leave that is less than one full day after conversion. The conversion method provided for in the preceding paragraph is:

The number of calendar days that have passed in the current year in the unit (365 days) 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 that exceed the annual leave that should be taken will not be deducted.

Legal analysis: The employer may pay the employee the wages in accordance with the law, and the employee may also terminate the labor relationship after the completion of the leave in accordance with the law.

Legal basis: "Implementation Measures for Paid Annual Leave for Employees of Enterprises" Article 12 When an employer and an employee terminate or terminate the labor contract, if the employee is not arranged to take the annual leave in the current year, the number of days of unused annual leave shall be calculated according to the employee's working time in the current year and the salary and remuneration for the unused annual leave shall be paid, but the part of the unused annual leave shall not be paid for the part of the full day after conversion.

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.