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What if the company is forced not to rest?
According to the relevant regulations, employees can enjoy the right of paid annual leave after working for one year, and the employer shall fulfill its obligations. If employees need to come to work because of work, they need to explain in advance and get their consent. If the employer forces the employee to stay, the employee can report the situation to the labor department.
Annual leave is the right of every employee, and the unit cannot forcibly occupy the annual leave of employees. Employees should protest bravely and reasonably and enjoy their due rights and obligations. If the employer does not allow employees to take annual leave on the grounds that their working period in this unit is less than one year, employees can complain to the labor department.
In a word, although employees work in the employer, the two sides are a process of mutual choice, which is based on the labor contract. Therefore, in the face of unreasonable demands or unfair treatment by employers, employees can safeguard their legitimate rights and interests through the Contract Law.
Legal basis:
Labor law of the people's Republic of China
Article 36
The state practices a working-hour system in which workers work no more than 8 hours a day and 44 hours a week on average.
Article 38
The employing unit shall ensure that workers have at least one day off every week.
Article 39
If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may, with the approval of the labor administrative department, take other measures for work and rest.
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