A woman in Hunan, China, filed a lawsuit after she was forced to leave her job without taking annual leave in 12 years. (Image/reproduced from photoAC)
Generally speaking, after working for a certain period of time, the company will grant special leave. However, a woman from Hunan, China, who had been employed for more than 10 years, had not taken any annual leave during this period, and had not taken any annual leave for 12 years in total. Therefore, she sued for compensation of 146,000 yuan. Unexpectedly, the court ruled that she lost the case and the company only had to pay more than 10,000 yuan. This caused Netizens are hotly discussing.
According to the Hunan High Court, the woman joined a real estate company in 2009 and was forced to leave due to unreasonable job transfer and other reasons. She believed that she had not enjoyed special leave in the company for more than 10 years and the company should pay relevant compensation, so she applied for labor arbitration in 2021 , but was dissatisfied with the result and sued the court, requiring the company to pay 146,000 yuan (approximately NT$660,000) in untaken annual leave for a total of 12 years from 2009 to 2021.
However, the court held that the statute of limitations for arbitration is one year, and the untaken annual leave wages from 2009 to 2019 have exceeded the time limit, so it will not be supported. As for the untaken annual leave wages in 2020, the salary slips and payment statements show that they have been paid, and it is no longer supported. . Only the real estate company did not prove that the woman had taken annual leave in 2021 or converted it into cash. She should be paid three times her salary during the period as required, totaling 10,182.44 yuan (approximately NT$46,000).
After the news was exposed, there was an enthusiastic response. Netizens criticized: “It can only be said that the labor law has serious problems and is not perfect enough”, “Isn’t it very clear who the labor law protects?”, “I don’t understand this so-called one year” Who does the statute of limitations protect?”, “I feel that the labor law is a joke.”
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2023-10-02 10:49:07