Can The Resignation Staff Claim Compensation For Vacation Pay?
Staff and workers Annual rest with pay Since the implementation of the fake Ordinance in January 1st this year, the city's first resignation employee asked the employer to pay the annual leave pay. Recently, the court heard that the employee had won the lawsuit. Nanhui district court first trial department, a wedding company in Shanghai, paid Ms. Huang the annual salary of 561.10 yuan in 2008. In January 2006, Ms. Huang worked in a wedding company in Shanghai. The two sides signed a labor contract. Ms. Huang served as the warehouse keeper of the company. Among them, the monthly salary in 2007 was 1800 yuan, and the monthly salary in 2008 to 2009 was 1000 yuan.
In June 3rd this year, Ms. Huang resigned to the company on the grounds that the company was not standardized in terms of employment and its own interests were infringed. On the same day 13, the two sides Labor relations Relieve. In the meantime, Ms. Huang applied for arbitration to the labor dispute arbitration committee on personal rights and interests.
In August of this year, the Arbitration Commission ruled that the request made by Ms. Huang for the company to pay 2008 yuan annual leave for 688.5 yuan was not supported. MS Wong refused to accept the arbitration award and filed a lawsuit in the Nanhui district court. In the court, Ms. Huang believed that because the company did not arrange the annual leave according to the relevant regulations, it was now required that the court order the company to pay the annual wage leave which should be paid off in 2008. In response to the request made by Ms. Huang to pay for the annual leave of 2008, the company said that in 2008, Ms. Huang did not enjoy the annual leave of absence in the company, so she did not agree to pay the annual leave for Ms. Huang, and asked the court to dismiss Ms. Huang's claim. The court held that according to the relevant provisions, Ms. Wong had worked for 1 years in the company for less than 10 years, and the annual leave in 2008 should be 5 days. Ms. Wong worked in the company until June 13, 2008. According to working hours, Ms. Huang should take 2.26 days off in 2008.
The company has failed to provide evidence that Ms. Huang has been given annual leave. Therefore, as a company, she should pay the wages of MS Wong who did not take her annual leave. Accordingly, the court made the above decision in accordance with the law. Editor: vivi
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