It Is Not Qualified For Enterprises To Make Rules And Regulations By Themselves

Violation of rules and regulations directly related to the immediate interests of laborers

If the regulations are stipulated by the labor administrative departments, the labor administrative departments shall order them to make corrections and give them warnings; if they cause damage to the workers, they shall be liable for compensation.

In order to restrain employees, some enterprises have made very strict decisions.

For example, three times late, deducting all the bonus of the month, a fine of 1000 yuan for violating discipline.

Workers think that the rules and regulations formulated by the enterprises are unreasonable, and how to protect their rights by telephone consultation.

Answer: the person in charge of the telephone consultation service center of the city's social security telephone gives a reply: the employer directly involves workers in formulating, modifying or deciding the relevant labor remuneration, working hours, rest and vacations, labor safety and health, insurance benefits, staff training, labor discipline and labor quota management.

When the rules and regulations or major matters are discussed, the workers' Congress or all the staff members shall discuss the matter and put forward proposals and opinions, and shall be determined by consultation with the trade union or workers' representatives on an equal footing.

The employing units shall publicized the rules and regulations and major matters directly related to the vital interests of the workers, or notify the laborers.

To sum up, if the employees think that the employer's rules and regulations do not conform to the regulations, they can make complaints to the labor administrative departments with jurisdiction to safeguard their personal rights and interests.

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In the process of labor dispute cases, there are generally three kinds of lawsuits which involve workers demanding payment of wages due to no annual leave.

First, it is erroneously believed that the general wage limitation should be applied to the wages paid by the laborers for unpaid annual leave, which means that the workers do not support the annual leave wages calculated over the past one year from the date of application for arbitration.

Non annual leave wages are labor remuneration. The provisions of the twenty-seventh and fourth paragraphs of the labor dispute mediation and Arbitration Law of the People's Republic of China shall apply to the special time limitation. That is, if disputes arise due to arrears of labor remuneration, the labor relations shall be terminated without limitation of time during the period of labor relations, and shall be submitted within one year from the date of termination.

That is, as long as the worker applies for arbitration within one year from the date of the termination or termination of the labor relations, the annual leave wages paid during the duration of the labor relations shall be supported.

Two, it is wrong to assume that the employer should bear the burden of proof in response to the fact that the worker has taken off the annual leave.

The existing legal and judicial interpretations do not specify the distribution of the burden of proof for the years off. According to the "wage payment regulations of Beijing", the employer should compile the wage payment record form according to the wage payment cycle, and keep it for at least two years for reference.

According to the principle of fairness and honesty and credibility, the objective of assessing the ability of the parties to give evidence can be objectively assessed. The employer should give proof of the situation that the worker has paid the annual leave within two years or has paid the annual leave to the laborer. The employee shall bear the burden of proof for more than two years.

Employers and workers refusing to give evidence or insufficient evidence, each bear the adverse consequences of proof.

Three, it is erroneously believed that workers who do not work for a full year as long as the new employers have not paid the annual leave pay.

The reply of the general office of the Ministry of human resources and social security on the implementation of the "measures for the implementation of annual leave for enterprise employees" has clearly pointed out that "third consecutive months of work for employees with paid annual leave" means that the workers have been working for more than 12 months, including the fact that the workers have been working in the same employer for more than 12 months, and that the workers have been working in different employers for more than 12 months.

Therefore, in the trial practice, we should pay attention to ascertain the work of the laborers before the new employers. If the laborers immediately start their employment after leaving the employment office, the workers should be paid annual leave instead of one size fits all if they continue to work for more than 12 months.