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How many years can I sue for annual leave compensation?

You will encounter difficulties when you come out to work, and you will also encounter a lot of confusion about the company's salary payment, such as how to calculate the salary, which part of the salary is supplemented, how many days of annual leave, how to calculate the annual leave salary and so on. Today, let's talk about how long the annual leave salary can be sued, and use cases to illustrate it. Next, in order to help you better understand the relevant legal knowledge, I have sorted out the relevant contents, hoping to help you.

1. What is annual leave?

Annual leave refers to the annual leave given to employees. That is, employees of government agencies, organizations, enterprises, institutions, private non-enterprise units, individual industrial and commercial households with employees and other units can enjoy paid annual leave if they work continuously for more than 1 year. The unit shall ensure that employees enjoy annual leave. On June 5438+1 October1day, 2008, the Regulations on Paid Annual Leave for Employees was officially implemented. The "Regulations" also pointed out that paid annual leave does not include national statutory holidays and other relevant regulations.

Second, how long can I sue for annual leave wages?

If the employer fails to arrange annual leave, the employee can ask to pay the unpaid annual leave salary for up to 3 years. Article 10 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises in Ministry of Human Resources and Social Security stipulates: "If an employer fails to obtain the consent of the employee to arrange annual leave or arranges the employee to take annual leave for less than the number of days, it shall pay 300% of the employee's daily salary, including the wage income paid by the employer during normal work." As can be seen from this regulation, 300% of annual leave salary includes 100% of wage income during normal working hours, and the remaining 200% is essentially punitive compensation paid by the employer for the behavior that the employer should arrange paid annual leave in accordance with laws and regulations, but does not arrange for workers to enjoy it. For workers, it is a kind of compensation to enjoy the annual leave but not enjoy it.

In fact, the salary for annual leave is another kind of 200% compensation, so the general prescription is applicable, that is, from the date when you know or should know that your rights have been violated 1 year. After the expiration of the year, the employer has not arranged a vacation. Workers should know that their rights have been violated, so they can only claim the annual vacation salary for the last two years. However, if the employing unit arranges annual leave for the current year without my consent, it may recover the salary for the last three years.

Three. laws and regulations

Article 18 of the Measures for the Implementation of Paid Annual Leave for Enterprise Employees stipulates: "The year in these Measures refers to the Gregorian calendar year." The "annual leave this year" and "inter-annual leave" repeatedly mentioned in the annual leave regulations and measures refer to the Gregorian calendar year, not the postponed year. Therefore, our accurate expression of annual leave should be "20 1 1 annual leave" and "20 12 annual leave" instead of "201March1March 20 12 3.

Regarding how to deal with this year's annual leave when employees leave their jobs in the middle of the year, the Measures for the Implementation of Paid Annual Leave for Enterprise Employees stipulates: "If the employer and employees do not arrange annual leave during the year when dissolving or terminating the labor contract, the number of annual leave days should be converted according to the working hours of the employees in the current year, and the salary for annual leave will be paid as usual, and the part less than 65,438+0 full days after conversion will not be paid. The conversion method specified in the preceding paragraph is: (calendar days that have passed in this company in that year ÷365 days) × annual leave days that employees should enjoy throughout the year-annual leave days that have been arranged in that year. " To sum up, according to the law, according to the principle that annual leave cannot be arranged across years, annual leave salary should be paid every year. If employees leave their jobs in the middle of the year, they will be paid in proportion when they leave.

Four, about the limitation of labor disputes, there are two main opinions.

The first opinion is that the annual leave salary belongs to the category of welfare treatment, and the ordinary prescription applies, that is, one year from the date when you know or should know that your rights have been violated.

The second opinion is that the annual leave salary belongs to labor remuneration, that is, "there is a dispute due to the arrears of labor remuneration", and the laborer's application for arbitration is not limited by ordinary prescription, and can be extended to "within one year from the date of termination of labor relations".

According to the second paragraph of Article 5 of the Regulations on Paid Annual Leave for Employees, "annual leave can be arranged centrally within one year or by stages, and generally not across years." According to Article 27, Paragraph 1 of the Labor Dispute Mediation and Arbitration Law, "the limitation period for applying for labor dispute arbitration is 1 year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. " Accordingly, Zhang asked the company to pay the annual leave salary before 20 12, which has exceeded the arbitration limitation according to the regulations. The company shall pay Zhang's paid annual leave salary for 20 12 years as required. According to Article 3 of the Regulations on Paid Annual Leave for Employees, if Zhang has worked for over 15 years and less than 20 years, his paid annual leave days for 20 1993 shall be 12 days. Paragraph 3 of Article 5 of the Regulations on Paid Annual Leave for Employees stipulates: "If the unit really cannot arrange annual leave for employees due to work needs, it may not arrange annual leave for employees with the consent of the employees themselves. For the number of days of annual leave that employees should take, the unit shall pay annual leave salary according to 300% of the daily salary of employees. "

As to which regulations apply, the key question is whether the annual leave salary belongs to "labor remuneration". As we all know, the annual leave consists of two parts, one part is 100% salary, and the other part is that the employer needs to pay an extra 200% salary if it does not arrange the corresponding leave for the workers. The above two opinions have no objection to the application of the "Special Arbitration Limitation for Labor Remuneration" to 100% salary under normal paid annual leave, and the focus of the dispute is mainly on whether the extra 200% salary for the annual leave that should be taken but not taken belongs to labor remuneration.

The determination of "annual leave salary" should not be based on its name, but on its legal nature. Annual leave is the embodiment of workers' right to rest and vacation. The annual leave that should be taken but not taken is converted into wages, that is, 200% of wages is the economic compensation converted by workers who cannot enjoy the right to rest, and it is not part of the inherent labor remuneration of workers. In other words, although there is the word salary in the annual leave salary, it does not have the reality of salary. Therefore, the annual leave salary should apply the general provisions.

However, it should be noted that the general provision of one year's annual leave salary does not mean that workers can only get one year's annual leave salary at the time of arbitration. Laborers claim annual leave salary, and the annual leave salary of the previous year should be paid by the unit on the last day of the previous year, so the arbitration limitation of one year has not yet passed at the time of litigation; For this year's annual leave, it has the right to claim according to law, and it has not passed the arbitration limitation. Therefore, when a worker files an arbitration at any time, the annual leave salary he has the right to claim should be the annual leave of the previous year and the annual leave of this year, that is, in principle, the worker can get at least two years' annual leave salary.

The above content is about "how long can I sue for annual leave salary?" I hope it will help you. To sum up, it can be seen that according to the Regulations on Paid Annual Leave for Employees and the Implementation Measures for Paid Annual Leave for Enterprise Employees, the annual leave salary is also divided into various situations. According to different situations, we can know how long the annual leave salary can be prosecuted. If you have any questions or other questions about the law, we also provide online consultation service, and you are welcome to make online consultation.