Annual leave, salary, overtime pay … @ As a newcomer to the workplace, you should know these rights and interests!

　　Beijing, July 3 (Peng Ningling) This summer, 9.09 million college graduates will enter a new stage of life.

　　For college students who are new to the workplace, vacations, overtime, allowances and work-related injuries … … A series of workplace words will enter your life. For the legal "little white", entering the workplace, some legal knowledge related to their own rights and interests must be made up!

　　— — Have the right to vocational training, but it’s not that simple to just leave.

　　Vocational training is the first step to rapidly improve the workplace skills of "Little White".

　　According to the Labor Law, the employing unit shall draw and use the vocational training funds in accordance with the provisions of the state, and carry out vocational training for workers in a planned way according to the actual situation of the unit. Laborers engaged in technical jobs must receive training before taking up their posts.

　　In other words, employees have the right to receive vocational training. But at the same time, we should also pay attention to the special training provided by some units for employees, such as training that consumes a lot of time and money, such as going abroad for further study, and we must pay attention to the agreement on the service period.

　　The Labor Contract Law makes it clear that if an employer provides special training fees for its employees and provides them with professional and technical training, it may conclude an agreement with the employee to stipulate the service period. If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

　　More than training, in cities such as Beijing, some units will stipulate that employees will work in the unit for a certain number of years on the condition that they settle down.

　　For example, employees will break the contract immediately after they try to obtain an account by using the unit’s settlement index. In judicial practice, workers’ behavior of violating honesty and credit is often not recognized. Previously, an employee of an Internet company left early due to violation of service years after settling down, and was sentenced to compensate the company for a loss of 100,000 yuan.

　　Therefore, it may not be that simple to just leave.

　　— — Deduction of wages without reason, arrears of wages, have the right to compensation!

　　Working full moon, it’s time to pay! We agreed on the 15th. Can we postpone it to the 20th?

　　Article 50 of the labor law stipulates that wages should be paid to the workers themselves on a monthly basis in the form of money. The wages of workers shall not be deducted or delayed without reason.

　　The Interim Provisions on Wage Payment also mentioned that wages must be paid on the date agreed by the employer and the employee. In case of holidays or rest days, it should be paid in advance on the nearest working day. Wages are paid at least once a month, and wages can be paid by the week, day and hour if the weekly, daily and hourly wage system is implemented.

　　According to the law, if an employer deducts or delays the wages of workers without reason, the labor administrative department shall order it to pay the wages and economic compensation of the workers, and may also order it to pay compensation.

　　— — There is a statutory standard for overtime pay.

　　The labor law has determined the 8-hour working system, and the employer should ensure that workers have at least one day off every week, but there are always accidents at work and overtime is inevitable.

　　With regard to overtime work, the Labor Contract Law clearly stipulates that the employing unit shall not force the laborer to work overtime or in disguised form. Where overtime is arranged, overtime pay shall be paid.

　　According to the law, if the unit arranges overtime, the unit shall pay no less than 1.5 times the salary; If workers are arranged to work on rest days and cannot be arranged for compensatory rest, they shall be paid no less than 2 times of their wages; If workers are arranged to work on legal holidays, they will have to pay no less than three times their wages.

　　For overtime pay, even if an agreement is signed and it is agreed that the company will not pay overtime pay, it cannot be recognized by law. As long as the unit violates the statutory working hours standards and arranges overtime for workers to extend their working hours, it should bear the corresponding legal consequences.

　　— — Enjoy paid annual leave after working continuously for more than one year.

　　When working continuously for one year, the first rest point in the workplace finally arrived: paid annual leave, 5 days!

　　However, unlike legal obligations such as social security, annual leave can be converted into wages or given up on its own.

　　According to the "Implementation Measures for Paid Annual Leave for Enterprise Employees" issued by the Ministry of Human Resources and Social Security in 2008, with the consent of the employees, if the employer fails to arrange annual leave or the number of days of annual leave for the employees is less than the number of days of annual leave, it shall pay the employees the unpaid annual leave salary according to three times of their daily salary.

　　The employer arranges employees to take annual leave, but if the employees take annual leave for their own reasons and put forward in writing, the employer can only pay their wages during their normal work.

　　— — Attention! Female workers enjoy these special rights and interests.

　　Due to the differences in physical conditions, women will inevitably have special moments in the workplace. In this regard, the labor law provides sufficient protection.

　　According to the labor law, female workers shall not be arranged to engage in high-altitude, low-temperature, cold-water operations or the third-level physical labor intensity stipulated by the state during menstruation.

　　Female workers shall not be arranged to engage in the third-level manual labor intensity stipulated by the state during pregnancy and the labor that is forbidden during pregnancy. Female employees who have been pregnant for more than 7 months shall not be arranged to extend their working hours or work at night.

　　Female workers are entitled to maternity leave of not less than 90 days.

　　In addition, the labor rights and interests of female employees during pregnancy, childbirth and lactation are given priority protection by law, and the law prohibits employers from dissolving the labor relationship between the two parties without justifiable reasons.

　　Some cases in reality show that, if the employer violates the law, it should not only pay the compensation for the illegal termination of labor relations, but also pay the maternity leave salary and part of the lactation salary that female employees could have obtained according to law under normal labor relations.

　　— — Is it a work-related injury if you fall to and from work?

　　As mentioned before, paying social security for employees is a legal obligation of the unit and cannot be exempted, including work-related injury insurance.

　　What is a work-related injury? According to the relevant provisions of the industrial injury insurance regulations, generally speaking, the identification of industrial injury needs to meet three key words at the same time: working time, workplace and working reason.

　　Working hours include both clearly agreed working hours and overtime hours; In the workplace, not only in the unit, but also in meetings on business, annual meetings held by the company and other occasions; For work reasons, it is not limited that you must engage in production in the workshop at that moment. Similar to catching water and going to the toilet during work hours, it is also a preparatory work related to work, which can be identified as a work-related injury.

　　It is worth noting that the injuries suffered on the way to and from work must be caused by traffic accidents or urban rail transit, passenger ferry and train accidents that are not my main responsibility on the reasonable route on the way to and from work.

　　If the injuries suffered by employees on their way to and from work are not traffic accidents, such as slipping and being injured on their own way to work, they cannot apply for work-related injury identification in accordance with the above provisions.

　　— — Say no to bullying in the workplace!

　　In recent years, there have been many bullying incidents in the workplace.

　　For example, new employees of banks are insulted and slapped because they don’t drink the wine respected by leaders; Female employees refused to dance and were dismissed; The man said that he was burned twice with a cigarette butt by an executive at a dinner party … … These behaviors often go beyond the scope of normal work management and directly infringe on the legitimate rights and interests of employees, such as reputation rights and health rights.

　　For these excessive acts of bullying, the infringer can be required to bear corresponding civil liabilities, including eliminating the influence, apologizing, compensating for the treatment and repair of physical injuries caused to him. Serious, can also be investigated for criminal responsibility.

　　If the bullied party is dealt with illegally by the employer because of legitimate rights protection, such as illegal termination of the labor contract, the employer can also be held accountable.

　　Finally, it should be noted that there is a limitation on dispute resolution. Generally speaking, the limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.

　　In other words, when you realize that you have been infringed, you must take measures to solve it as soon as possible, and you can’t sleep on your rights.