Brief introduction of the case

Kong is an employee of a logistics company. She joined the company in January 2017 with a monthly salary of 6,000 yuan. Both parties signed a three-year labor contract.

In January 2019, Kong gave birth to a son and enjoyed maternity leave and breastfeeding leave. She did not take paid annual leave in that year.

In January 2020, the logistics company terminated the labor contract with Kong, and did not pay her annual leave salary in 2019. A logistics company refused to pay her annual leave salary in 2019 on the grounds that Kong had enjoyed maternity leave and breastfeeding leave and did not meet the conditions for enjoying paid annual leave, so the two sides had a dispute.

Arbitration request

She asked the company to pay the salary of 2758 yuan for the five-day annual leave in 2019.

Treatment result

After mediation by the Arbitration Commission, the logistics company agreed to pay Kong the above-mentioned annual leave salary of 2,758 yuan.

Case analysis

Article 6 of the Measures for the Implementation of Paid Annual Leave for Enterprise Employees stipulates: "The holidays prescribed by the state, such as family leave, funeral leave and maternity leave, which employees enjoy according to law, as well as the period of work stoppage with pay due to work-related injuries are not included in the annual leave." The first paragraph of Article 10 of the Implementation Measures stipulates: "If an employer fails to arrange annual leave with the consent of employees or the number of days of annual leave arranged for employees is less than the number of days of annual leave that should be taken, it shall pay 300% of its daily salary for the days of annual leave that employees should take during the current year, including the salary income paid by the employer to employees during normal working hours."

In this case, although Kong enjoyed maternity leave and breastfeeding leave in 2019 according to law, the above holidays should not be included in the annual leave according to law. When a logistics company terminated the labor contract with Kong, it did not pay the annual leave salary in accordance with the above provisions, which was contrary to the law.

Prompt from the arbitration commission

The state implements special labor protection for female employees in the three periods (pregnancy, childbirth and lactation), and employers often pay more attention to the rights that female employees should enjoy in the three periods, but ignore the rights that female employees should also enjoy paid annual leave.

Article 4 of the Regulations on Paid Annual Leave for Employees stipulates: "Employees shall not enjoy the annual leave of that year under any of the following circumstances: (1) Employees enjoy winter and summer vacations according to law, and their vacation days are more than the annual vacation days; (two) employees leave for more than 20 days and the unit does not deduct wages according to regulations; (3) Employees who have worked for more than 1 year but less than 10 years have taken sick leave for more than 2 months; (four) employees who have worked for more than 10 years but less than 20 years have taken sick leave for more than 3 months; (5) Employees who have worked for more than 20 years have taken sick leave for more than 4 months. "

Paragraph 2 of Article 10 of the Measures for the Implementation of Paid Annual Leave for Enterprise Employees stipulates: "The company arranges employees to take annual leave, but if the employees propose to take annual leave in writing for their own reasons, the company may only pay their wages during their normal working hours." In addition to the above-mentioned circumstances, the employer shall protect the rights of workers to take annual leave according to law. (Case source: Beijing Municipal Bureau of Human Resources and Social Security)

Kong claims that she did not take annual leave salary from January 1, 2020 to July 7, 2020. On the grounds that Kong took maternity leave from January 13, 2020 to June 3, 2020, Medium-term Mobile claimed that Kong did not enjoy the annual leave from January 1, 2020 to July 7, 2020, which did not comply with the above-mentioned legal provisions, and our court refused to accept it. The court of first instance found that the amount of annual leave salary that the company should pay in the medium term was legally justified, and our court confirmed it.

The article is transferred from the Labor Law Library.