Court: The statute of limitations for arbitration has expired in the first 10 years, and the woman has resigned without taking annual leave for 12 years and is claiming 140000 yuan in compensation

Will annual leave that is not taken in the same year be automatically invalidated?

Can I request financial compensation for not taking annual leave?

Regarding annual leave,

What else do you need to know ↓↓

Is there only one or two days of annual leave in the first year of employment?

This is an illegal "overbearing clause".

According to the Regulations on Paid Annual Leave for Employees, if an employee has worked for more than 1 year but less than 10 years, they will be entitled to 5 days of annual leave; For those who have been on vacation for 10 to 20 years, 10 days of annual leave will be granted; For those who have completed 20 years, they will have an annual leave of 15 days.

Experts say that it is illegal for many companies to interpret 'continuous work for one year' as' having worked in their own company for at least one year '.' Continuous work for one year 'does not necessarily refer to one year in their own company, but also includes previous companies.

If you switch to a second company after working in the first company for two years, you can enjoy at least 5 days of annual leave from the first day of employment, without waiting until one year after joining.

So, how to calculate the cumulative years of work?

Some units stipulate that the definition of work experience is based on the accumulated years of social insurance contributions. Experts point out that "this regulation is illegal, and social security payment records are not the only evidence." In previous units, labor contracts, salary records, file records, etc. can all prove an employee's work experience. As long as any item can be provided, the unit should recognize it.

No annual leave, zero at the end of the year?

According to relevant national regulations, annual leave is generally not arranged across years. However, if it is necessary to arrange employee annual leave across years due to production and work characteristics, the unit may arrange it across one year, but the employee's consent must be obtained.

A senior labor arbitrator said that in practical cases of judicial arbitration, in most cases, as long as the employee has not taken the statutory annual leave, the court will require the unit to provide compensatory leave or compensation.

"There are two types of situations regarding whether annual leave is' cross year zero ', as some units may give employees a few more days of annual leave on top of statutory annual leave." The labor arbitrator explained that generally speaking, it is not reasonable to' cross year zero 'statutory annual leave, but it is not a problem to' zero 'the excess annual leave given by the unit.

What should I do if I am supposed to take a day off but not yet?

According to the "Salary Management Measures", "For employees who have not taken annual leave in the current year, the company shall pay 300% of their daily salary income based on the number of days they should have taken but have not taken annual leave, which shall be distributed together with the year-end bonus.".

It should be noted that if the employer does not arrange leave and does not pay annual leave wages, the employee should promptly apply for arbitration to claim their rights, otherwise they may face the risk of exceeding the arbitration statute of limitations.

Recently, a woman from Hunan province who has not taken annual leave for 12 years and is claiming 140000 yuan after leaving her job, was ruled not to be supported by the court because her salary for the first 10 years of unpaid annual leave has exceeded the arbitration period. The company only needs to pay 10000 yuan:

On September 18th, according to the Hunan High Court, Xiao Xie joined a real estate company in 2009 and was forced to resign due to reasons such as unjustified job transfers. Xiao Xie believes that she has not been entitled to annual leave since joining the company for more than ten years, and the company should pay compensation for the unused annual leave.

In 2021, Xiao Xie applied for labor arbitration with the company, but was dissatisfied with the result and filed a lawsuit in court, demanding that the real estate company pay him 146000 yuan in unpaid annual leave wages for 12 years from 2009 to 2021.

The court holds that the arbitration statute of limitations is one year, therefore the unpaid annual leave wages from 2009 to 2019 have exceeded the statute of limitations and are not supported; Regarding the unpaid annual leave salary for 2020, the salary slip and payment record show that it has been paid and is no longer supported.

If the real estate company fails to prove that Xiaoxie has enjoyed annual leave or paid unused annual leave wages in 2021, they should pay three times the salary during the unused period according to regulations, totaling 10182.44 yuan.

Paid annual leave is a statutory right granted to employees by the state. For enterprises with frequent tricks, relevant administrative departments and trade union organizations at all levels should resolutely regulate or protect the rights of employees. Workers should also actively protect their rights and make labor laws and related legal systems a sharp sword for safeguarding their legitimate rights and interests. Take multiple measures to ensure that illegal and irregular enterprises bear high risks and are not willing to take risks.