In practice, companies often claim that employees have never applied for Chinese New Year leave, so there is no need to pay relevant remuneration to employees. According to the law, employees do not apply for annual leave, which does not mean that they give up automatically, and the unit should still pay annual leave salary.
If the employer wants to be exempted from the obligation to pay extra wages for annual leave, it must prove two points: first, the employer has arranged for workers to take annual leave; Second, the workers put forward annual leave in writing for their own reasons. The employer arranges employees to take annual leave, but if the employees put forward annual leave in writing for their own reasons, the employer can only pay their wages for normal working hours.
In practice, when some units sign labor contracts, it is agreed that employees who have not applied for annual leave will be regarded as giving up, and it is the legal right of employees to enjoy paid annual leave. This kind of clause formulated by the unit should be invalid because it violates the law.
legal ground
"Regulations on Paid Annual Leave for Employees" Article 4 Employees are not entitled to annual leave in the current year under any of the following circumstances: (1) Employees enjoy winter and summer vacations in accordance with the law, and the number of vacation days is more than the number of annual vacation days; (two) employees leave for more than 20 days and the unit fails to deduct wages according to regulations; (3) Employees who have worked at least 1 year but less than 10 year have taken sick leave for more than 2 months; (4) Employees who have worked for 10 years but less than 20 years have been sick for more than 3 months; (five) employees who have worked for more than 20 years have taken sick leave for more than 4 months.