In practice, there are many labor disputes over unused annual leave, because of the actual management needs of enterprises, basically few units will arrange employees to take annual leave normally. If the company provides an electronic version of the leave record to prove that you have taken annual leave, is this electronic version of the evidence valid?If you encounter a dispute over annual leave, how should you protect your rights and interests?
Today I will share with you this case, I hope to give you a warning for your work!The company information and personal information in the case are hidden and replaced, which is not true information and is for your reference only
Controversial issues regarding unused annual leave pay. Both parties agreed that Li Moumou should enjoy 15 days of annual leave every year, and in 2018, he had taken 9 days of annual leave for that year, and the court did not object to this.
Now, according to the application form for Li's 2019 leave submitted by Company A, it shows that he applied for annual leave in 2019 9For 5 days, although Li Moumou did not recognize the authenticity of the evidence, when Company A presented the original carrier of the evidence, Li Moumou failed to provide sufficient evidence to refute it, and he should bear the corresponding adverse consequences, so the court accepted the authenticity of his application form.
Li Moumou admitted that he had taken 6 days during the Spring Festival in 2019, so the court held a complaint about the annual leave held by Company A, and Li Moumou had taken annual leave in 2019.15The five-day claim was accepted, and the annual leave taken exceeded the statutory standard according to the conversion of the accumulated working hours in 2019, and the above-mentioned annual leave exceeding the statutory standard could be recognized as its annual leave in 2018 according to the relevant provisions that the employer can make overall arrangements for employees' leave and can be arranged across one year.
After accounting, Li Moumou did not have unused annual leave in 2018, so the court did not support his request.
Li Moumou was dissatisfied with the first-instance judgment and appealed to the second-instance court.
The court of second instance ruled as follows, rejecting the appeal and upholding the original judgment.
Through this case, we can know that if you have a labor dispute with the company, we must collect reasonable and effective evidence in a timely manner, and we ordinary workers must have the awareness of labor risk prevention. Evidence collection recommends that you follow the following lines:
First, if the conditions are met, try to collect documentary evidence. For example, pay slips, copies of notices issued by the company, etc.
Second, in the absence of documentary evidence, some electronic evidence may also be collected. Such as email, WeChat chat history, recording, etc.
Thirdly, in the process of gambling with the company, you can mail your personal written opinion to the legal representative of the company in writing. This written opinion must be written on a legal basis, so that the sub-operation can be more effective.
No matter what kind of company we workers work in, it is possible to be laid off or laid off by the company. It is of great significance for us to learn a little more labor rights protection skills on our own occasions, which is of great significance to our career development.
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