"Lao Li, Xiao Sun and several others in our unit have not returned to work, I heard that it is difficult to find a ticket, and some of them go out by car, and it is difficult to return smoothly due to various reasons such as traffic congestion and ferry overload. ”
This ticket is really hard to buy, and I don't know if it will be difficult for them to return to work, will they be deducted? ”
The hot Spring Festival travel tide has also caused some people to return and return to work. So, if the employee is unable to return to work on time, can the employer deduct the salary? Can an employer continue to arrange annual leave after the Spring Festival holiday? "I didn't grab it, do I have a chance to make up for it?" In response to these hot issues, the judges of the Fangshan District People's Court of Beijing will interpret them for you one by one.
Q: If an employee fails to return to work on time, can the employer withhold wages?
A:If an employee is unable to return to work on time, the employer should not simply deduct wages or treat it as absenteeism, but needs to distinguish between different situations.
In the first case, the employee is unable to return to work on time, but the employee has fulfilled the leave request procedure on the grounds of personal leave. According to the relevant provisions of the Regulations on Payment of Wages, the employer may not pay wages and remuneration during the employee's personal leave; However, if the employee has completed the formalities for requesting leave, the employer should not treat it as absenteeism.
In the second case, the employee is unable to return to work on time, but requests the employer to deduct the annual leave. According to Article 2 of the Regulations on Paid Annual Leave for Employees, employees who have worked continuously for more than one year are entitled to paid annual leave; The employer shall ensure that the employee is entitled to annual leave. Employees are entitled to the same salary during the annual leave period as they would during normal work. Therefore, an employee who is entitled to annual leave in accordance with the law and is unable to return to work on time can apply for annual leave, and the employer shall pay wages and remuneration normally.
In the third case, the employee does not return to work on time and fails to complete the leave application procedures in accordance with the employer's leave system. For such employees who "leave without saying goodbye", the employer may treat them as absenteeism, but they should do the following: first, send a notice of return to work to the employee, clarify the time of arrival, inform the employee that if there are special circumstances, he needs to go through the procedures for requesting leave, and inform him of the consequences of not returning to work within the time limit; Second, if the employee fails to return to work after the notice is issued, the decision to terminate the labor contract shall be made in accordance with the rules and regulations of the unit and the attendance provisions; The third is to mail and serve the Notice of Termination of Labor Contract to the employee, and keep the relevant evidence. It should be noted that if the employer does not issue a notice of termination of the employment contract, it is likely that the employment relationship will continue to exist, and the employer will also have to bear legal obligations such as paying social insurance for the employee during this period.
In addition, for employees who are unable to return to work on time due to reasons other than their own, the employer may arrange for the employee to temporarily work from home if conditions permit. However, the employer shall pay wages and remuneration in accordance with normal work, and if the enterprise wants to reduce wages and remuneration, it must reach an agreement with the employee through consultation, or have performed democratic procedures in advance, otherwise it is likely to constitute an illegal wage reduction and shall bear the corresponding legal responsibility.
Q: Considering the practical dilemma of "difficulty in returning to work" of employees, can employers arrange annual leave after the Spring Festival holiday?
A:Paragraph 1 of Article 5 of the Regulations on Paid Annual Leave for Employees stipulates that the employer shall make overall arrangements for the annual leave of employees according to the specific conditions of production and work, and taking into account the wishes of the employees themselves.
In other words, the employer can arrange for employees to take annual leave in a unified manner by extending the Spring Festival holiday according to the needs of production and operation.
Before the start of the Spring Festival holiday, the employer shall clearly inform the employee of the annual leave arrangement, which may be announced in writing by notice, email, etc., indicating the specific date and number of days of leave, and at the same time requiring the employee to confirm and receive it. If a labor dispute arises due to taking annual leave, and the employer cannot prove that it has clearly informed the employee of the annual leave arrangement, it will bear the legal consequences of failing to provide evidence.
It is worth noting that although the employer has the right to make overall arrangements for annual leave, it should also fully consider the wishes of the employee when conditions permit. If the employee has any objection to the arrangement of annual leave, and has special reasons, he or she should also communicate and negotiate with the employer in a timely manner.
Q: If the employer distributes the red envelope on the first day after the Spring Festival, but the employee does not get it because he has not returned to work in time, can he claim it afterwards? Can an employer use red envelopes in lieu of salary or overtime pay?
A:"Wishing you prosperity, bring it." On the first day of work, many employers will issue red envelopes to employees. However, the bonus envelope is not in the nature of salary.
Wages refer to the wages and remuneration paid by the company to employees in various forms in accordance with the provisions of the labor contract. According to Article 4 of the Provisions on the Composition of Total Wages issued by the National Bureau of Statistics, total wages are composed of the following six parts: hourly wages, piecework wages, bonuses, allowances and subsidies, overtime wages, and wages paid under special circumstances. In most cases, the red envelope is a private gift from the boss or superior, not a wage remuneration, and a personal act to encourage workers to return to work on time.
Therefore, if the employee fails to return to work in time and does not receive the red envelope for starting work, he cannot claim his rights in this regard. It is worth noting that the employer cannot give red envelopes in lieu of personal wages or overtime pay, otherwise the employee has the right to request the company to pay the difference in wages and overtime pay in full and in a timely manner.
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