A labor dispatch agreement refers to the contract signed between the worker and the labor dispatch company and the contract signed between the employer and the dispatch company to dispatch the worker to work in the employer, and the relationship between the worker, the dispatch company and the employer involves three parties.
Netizen consultation:
Can employees of labor dispatch units be entitled to annual leave?
Lawyer answers:
Annual leave is a period of continuous rest for a certain period of time after an employee has worked continuously for one year. Employees of labor dispatch units who meet the requirements of one year of continuous service are entitled to annual leave. If the number of days of labor remuneration paid by the dispatched employee in accordance with the law during the period of non-work during the term of the labor contract exceeds the number of annual leave days that he or she should be entitled to throughout the year, he shall not be entitled to the annual leave of the current year;If the number of annual leave days is less than the number of annual leave days that the dispatched employee should enjoy throughout the year, the labor dispatch unit and the employing unit shall negotiate and arrange to make up the number of annual leave days for the dispatched employee.
Lawyer adds:
According to the specific situation of production and work, and considering the wishes of the employee, the employer shall make overall arrangements for annual leave. If the employer is unable to arrange annual leave for employees or arranges annual leave across one year due to work needs, it shall obtain the consent of the employees themselves. If an employer does not arrange annual leave with the consent of the employee or arranges less than the number of days of annual leave that the employee should take, it shall pay the employee 300% of the daily wage income for the unused annual leave in the current year, including the salary income paid by the employer to the employee during the normal working period. If an employer arranges for an employee to take annual leave, but the employee submits in writing not to take the annual leave due to his/her own reasons, the employer may only pay the employee's salary income during the normal working period.
Legal basis] Implementation Measures for Paid Annual Leave for Employees of Enterprises
Article 14 Employees of labor dispatch units who meet the conditions specified in Article 3 of these Measures shall be entitled to annual leave.
If the number of days of labor remuneration paid by the dispatched employee in accordance with the law during the period of non-work during the term of the labor contract exceeds the number of annual leave days that he or she should be entitled to throughout the year, he shall not be entitled to the annual leave of the current year;If the number of annual leave days is less than the number of annual leave days that the dispatched employee should enjoy throughout the year, the labor dispatch unit and the employing unit shall negotiate and arrange to make up the number of annual leave days for the dispatched employee.
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