The general office of the State Council recently issued the "NationalTravelingLeisure plan (2013 - 2020) "put forward, to 2020, workers paid annual leave system basically implemented. (February 18th "Legal Evening News")
"Now, more than LV but leave." Users of this sentence to tease out the workplace. Although the leave with pay as a legal system, as early as 1994 was written into the "labor law", although the implementation of the January 1, 2008 "workers paid leave regulations", has been the expiration of 5 years, but for many employees, paid vacation is "a flower in the mirror in the water". In a survey by the social survey center of China Youth Daily, 50.4% of people said the unit does not execute paid vacation.
Now, the State Council explicitly put forward in 2020 to implement basic workers paid leave, let people see the right to leave all hope of landing. However, the implementation of paid vacation, obviously is not a matter of counting the fingers can look forward to. To achieve this goal, need not just schedule, must have a route map.
Paid vacation is difficult to implement, the surface is both sides of labour power and status is not equal to. As the strong side of the employer, "you want the horse to run, but not let it graze"; in the case of pile up in excess of requirement of labor, workers lack the right words, worry about losing their jobs and can't leave. But from the deep, public power support is not enough is the most important factor. On the one hand, not the labor supervision departments, trade union organizations at all levels to play its due role, still stay in the "people don't give, officials do not study" level, lack of initiative to seek benefits for workers; at the same time, because the law enforcement supervision is not in place, although the "staff paid year leave regulations" provisions of the relevant penalties, but the implementation of 5 years is rarely heard from the employer because of not implement paid vacation punishment.
Therefore, in order to paid vacation dream into reality as soon as possible, we must take effective measures, to further strengthen the system security.
First, compulsory execution according to law. Outline, "encourage organs, organizations, enterprises and institutions to guide the workers flexibly arrange annual vacation time". If it is to encourage, not really set up the workers the right to leave the employer's respect. Paid vacation as a legal right, there must be a rigid support, compulsory execution according to law. The Tsinghua University holiday reform group as the person in charge Cai Jiming said, "any deprivation of workers paid annual vacation behavior are flagrant violations, the according to labor law, labor contract law and other relevant laws and regulations shall be punished, and the important index of it into government administration, performance evaluation, and even veto".
Secondly, refine the relevant provisions. World affairs, will be in fine. From the implementation point of view, "Regulations on paid annual leave for employees" still remains to refine the perfect place. On the one hand, the regulations under false rectification to pay compensation, but the specific standard not speak in detail. There is a need to develop a quantitative criteria, such as rules for five to ten times the wages paid annual leave, so that the illegal cost is clearly visible, which can ensure the rights and interests of workers, but also to control the employer; at the same time, should not rest ratio should be capped, such provisions shall not be more than 5%, to prevent the organs and units will pay annual leave as monetary welfare payment, increase the financial burden; prevent enterprises through the exchange of interests of redemption right from employee leave, leave the original system.
Thirdly, supervision as the initiative. Must see, for their own interests, worker individual to leave with pay to the employer, the adults need to relevant departments and organizations to help. In foreign countries, if the employer is not in accordance with the law, employees can find a trade union or all the Citizens Advice Bureau for help, also can appeal to the labor arbitration. At present, the labor supervision departments, trade unions at all levels of our country should give full play to the functions, active intervention, play a good role to help the workers spokesman, justice.
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