Can the employer not take a vacation?

Employers can't stop taking vacations. Personal leave, if it is not for your personal reasons, the unit can not be forced, otherwise it will deprive citizens of their labor rights. Laborers may apply to the local labor arbitration committee for arbitration. If the employer stops work or business for reasons other than the laborer's own, the employer shall pay the laborer's wages according to the normal labor provided by the laborer within a salary payment period; If the wage payment period is more than one, the wage can be paid according to the labor provided by the laborer and the newly agreed standard, but it shall not be lower than the minimum wage standard of this Municipality.

First, the basic procedures of labor arbitration

1. Apply for arbitration and submit an arbitration complaint within one year after the dispute occurs.

2. The Arbitration Commission shall make a decision on whether or not to accept the complaint within five days from the date of receiving it;

3. The arbitration tribunal shall notify both parties in writing five days before the hearing.

4. Opening a court session, making clear requests, defending, investigating facts, presenting evidence, cross-examining, debating and making statements.

5. Mediation

6. If mediation fails, the award is invalid.

Second, the compensation wage standard for dismissed employees:

1. If the unit terminates the labor contract illegally, the employee may demand to pay compensation;

2. If the reason for the termination of the labor contract by the unit conforms to the provisions of the Labor Contract Law, it is not necessary to pay economic compensation or compensation;

3. If the relevant compensation matters cannot be agreed with the unit, you can apply for labor arbitration within one year after being dismissed;

4. Legal basis: Article 39 of the Labor Contract Law If the employer unilaterally terminates the labor contract (negligent termination), the employer may terminate the labor contract:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the employer;

(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;

(6) Being investigated for criminal responsibility according to law.

Legal basis: Article 2 of the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes This Law is applicable to the following labor disputes between employers and workers in People's Republic of China (PRC):

(1) Disputes arising from the confirmation of labor relations;

(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;

(3) Disputes arising from delisting, dismissal, resignation or resignation;

(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;

(six) other labor disputes as prescribed by laws and regulations.