Reporter of dispatch of Chinese Jiangsu net saves senior people court 12 days to learn from Jiangsu, take salary to be fulfilled in the round year off system, safeguard laborer rests off right and the long-term development of stimulative enterprise, hear year of off controversy case correctly, basis " contract law of labor of People's Republic of China " wait for relevant provision, this courtyard publishs cognizance to take salary year furlough issue the directive opinion of a certain number of problems.
According to directive opinion, because laborer and unit of choose and employ persons pay to did not rest year of off pay pay and produce controversy, people court should grant to accept. Pay close attention to to the public " did not rest compensate of New year holidays 3 times salary " , the opinion is clear, unit of choose and employ persons was not arranged year off, laborer view presses income of its daily wages 300% pay to did not rest of year of off pay pay, the court will give support. Did not rest the monthly wages according to him laborer divides the daily wages income of year of off pay pay with the month number of plan salary day has consideration, monthly wages is to point to laborer to answer of off year mean monthly salary, include the salary sex income such as bonus, allowance, do not include overwork wage. If unit of choose and employ persons and laborer are right,did not rest standard of year of computation of off pay pay have an agreement, agree from its, but this agreement do not answer under daily wages income. But unit of choose and employ persons already was arranged year off, and can quote proves to fasten what because of him laborer the reason did not rest, laborer asks to pay year of off differential, the court does not grant to support.
Current, this opinion already began to apply. Before Jiangsu saves senior people court, see about regulation and original idea abhorrent, no longer applicable.
Pay the reporter that collect a place Gu Min