Matters such as salary disbursement, annual leave,
and various subsidies and benefits are directly related to
the vital interests of workers.
However, Citizen Wang M ended up in court with the company over the issue of paid annual leave.
案情回顾
Wang served as an accountant at a trading company. During his employment, a labor dispute arose between
the parties regarding unused annual leave, leading Wang to fi arbitration. Dissatisfied with the arbitration
outcome, the company filed a lawsuit with the Hongqiao Court.
During the trial, the company argued that according to Wang's original attendance records, he had numerous
instances of tardiness, unauthorized absences, and missing punches. The company claimed that, considering
these attendance anomalies as the use of annual leave, it dideduct wages for the corresponding dates. After
offsetting these, the defendant had no remaining unused annual leave. Therefore, the company had no
obligation to pay Wang for unused annual ang, however, maintained that he had no unauthorized absences.
法院判决
The core dispute in this case centers on the employer's determination of attendance and the definition of self-deduction of annual leave. The employer cannot directly determine that an employee is absent without leave based solely on attendance records retained unilaterally, nor can it deduct paid annual leave for days with attendance anomalies without the employee's consent.
Upon investigation，The enterprise failed to submit sufficient and valid evidence to substantiate the fact that the employee was absent from work without cause; its defenses of unilaterally determi absence and deducting wages, as well as offsetting annual leave, lack factual and legal basis, and are therefore not accepted by the court.Finally, the court ruled that the trading company pay Wang a salary for unused annual leave.
法官提示
Annual leave is a statutory right of workers, and employers may not deprive them of it for any reason. This serves as a reminder to all employers to strice employment management in accordance with the law, improve attendance and leave approval procedures, and legally and fully guarantee workers' statutory rights such as wages and paid annual leave, thereby avoiding laborputes at the source.
This article is reprinted from the WeChat Official Account "Shandong Higher People's Court", and we express our gratitude!