Guan Wei cited a case of employees unexpired annual leave: Xiao Chen joined a company in 2014, failed to reach an agreement with the company on changing the labor contract through negotiation in 2018, terminated the contract, and the company paid economic compensation according to law. According to Xiao Chen, although the company has paid the economic compensation for the termination of the labor contract, he has worked for 10 years but less than 20 years, and there are still 10 days of paid annual leave in 2018. Due to the failure to take it due to work reasons, the company is required to pay corresponding compensation for the unused annual leave.
According to his company, Xiao Chen didnt take the annual leave because of his own reasons, and he took two months of sick leave in 2017, so he didnt agree to pay the annual leave compensation. After the hearing, the Arbitration Commission held that since Xiaochens sick leave in 2017 did not reach more than three months, the company still had to pay Xiaochens salary for the annual leave not taken in 2018.
According to the micro explanation of the Ministry of human resources and social security, the labor contract law clearly stipulates that the employees do not enjoy the annual leave of that year, which needs to meet five situations:
One is to enjoy winter and summer holidays in accordance with the law, with more days off than annual leave;
Second, the accumulated personal leave is more than 20 days, and the unit does not deduct the salary according to the regulations;
3. Having worked for less than 1 year but less than 10 years accumulatively and taken sick leave for more than 2 months accumulatively;
Fourth, work for 10 years but less than 20 years accumulatively, and take sick leave for more than 3 months accumulatively;
5. Having worked for more than 20 years and taken sick leave for more than 4 months.
And Xiao Chen does not meet any of the above circumstances, he should enjoy the annual leave. Economic compensation shall be paid by the company at the time of resignation.