Giving up annual leave to get an annual bonus?Why corporate regulations are so “overbearing”
According to media reports, a company in Fushun, Liaoning province, requires employees to meet the condition of “unused annual leave” in order to receive year-end bonus.Mr. Liu, a retired employee of the company, complained about this, and the Supervision bureau required rectification. As a result, the company paid 3,172.41 yuan to Mr. Liu as compensation for the annual leave he did not take in 2018. After that, the company repeatedly asked him to return the annual bonus he had received, but failed to take Liu sheng to court.In the end, the court rejected the company’s claim.From this case, at least two points can be seen. First, according to the logic of the enterprise, annual leave and year-end bonus can only be chosen. If the enterprise has not taken annual leave and has been compensated by the enterprise, the year-end bonus will not be available.Second, this company represents the ignorance of a large part of the industry, which is why it dares to Sue its employees. Once it loses, it appeals until it loses again.According to “the worker takes annual leave byelow” regulation, to the worker should rest did not leave number of days, the unit ought to pay annual leave salary reward according to the 300% of this worker’s daily salary income.In fact, such regulations seem to apply only to state-owned enterprises, law-abiding private enterprises or foreign companies that strictly abide by the law, and may be difficult to implement in many small and medium-sized private enterprises.Difficult to implement the surface reason, is the enterprise cost decision.Vacation represents employee welfare, which is equivalent to enterprise cost, and it is uncertain whether the cost can be transformed into employees’ work enthusiasm and production benefits.The easiest way for a company to control costs is to take time off and get employees to work more hours.For employees, especially young people, the loss of leisure time is not nearly as important as the loss of money.Many “996” employees are even used to staying up all night at the office. When they go home after a break, they feel empty and bored, perhaps with no one to talk to.To explore the deep reasons is the unequal decision between the status of enterprises and employees.Only before the enterprise hires employees, and workers are equal: two-way selection.Once they are bound together, they are not equal.Since it is not equal, it naturally implies that employees pay more, please more or even roll in, only then can they get the benefits at the equilibrium point;As for the boss, he is unlikely to adjust his bonus because he sees an employee being more diligent, obedient or staying up late.Otherwise everyone will copy and there will be no standard of salary.Behind the unequal status, often is the weak employee protection mechanism and enterprise abnormal culture exuberant brought.This corporate culture, brought in by the top brass, might be called wolf-like, such as the abandonment of self-preservation and a high praise for the unscrupulous.Since this is the case, defending their bottom line may become alternative, the initiative to give up annual leave may become a “model”, the initiative to work overtime is not said to have become a virtue.There have been many cases of this among scandalous Internet giants.To question this culture is to be despised and eliminated.For regulators in some places, they are stuck with simple, unambiguous cases.For more complex situations, such as the difficulty of enterprise operation, unpaid salary, unfair contract, and fault of both employees and enterprises, the defense ability is very inefficient or even weak, and the victims can only go through a long judicial channel.It is a way of spreading the law to the outside world, but torture and disrepute to those involved.Even if the fact is so clear, triple pay should only be mentioned in retirement or when you are planning to quit, because you are prepared for the company to pay you back.In view of this, the relevant departments still need to do more to protect the rights and interests of workers.