Can I receive compensation for voluntarily resigning after being refused a legitimate rest request?

2025-05-21

How can workers protect their legitimate rights and interests when their request for legitimate rest and vacation is rejected and they are induced by their employer to "voluntarily resign"? [Case Review] Li joined a company as a case planner. After working for a year and a half, one day, Li sent a WeChat message to his leader Zhou: "Since it has been clearly stated that I am a project planner, regarding the rest days for this position, considering that normal rest and statutory leave are the most needed times for the project site, I hope to: 1. work from 9pm to 6pm every day; 2. have two days of rest per week (Sunday, Monday); 3. have statutory leave provisions that do not require rest on holiday days, but the day after the statutory leave ends will be a rest day with the same number of days as the statutory leave. Can you please make a statement?" However, Zhou replied: "Okay, you have considered it carefully. If you think like this, you can resign when you come back." Two days later, Li. I did not return to work and completed the resignation procedures. Later, Li initiated labor arbitration, claiming that the company's termination was illegal and demanding support for economic compensation. A certain company insists that Li voluntarily resigned and should not be paid economic compensation or damages. The Beijing Third Intermediate People's Court held that Li's request was a legitimate exercise of his right to rest and vacation granted by law. The company refused and stated that Li could consider resigning on his own. Li then completed the handover procedures and resigned. This situation cannot be considered as Li voluntarily resigning, but combined with the communication records of both parties and the fact that Li subsequently handled the handover, it is also difficult to determine that the company illegally terminated it. According to Article 46 of the Labor Contract Law, the court has comprehensively determined that the two parties have reached a consensus to terminate the labor relationship, and the company should pay economic compensation to Li. The legitimacy of workers' claims for rest and vacation rights has been affirmed, and from a judicial perspective, the act of employers indirectly restricting workers' rest and vacation rights has been denied. According to Xue Qiang, a member of the Party Group and Vice President of Beijing Third Intermediate People's Court, from 2022 to 2024, the court accepted and concluded a total of 11440 second instance labor dispute cases, including 4942 cases involving workers' right to rest and vacation, accounting for about 43.2%; Among the 4459 cases involving the right to rest and vacation that have been settled by judgment in the past three years, 76.9% were won by workers. Xue Qiang stated that it can be seen from relevant cases that disputes over rest and vacation have led to frequent issues of terminating labor relations. On the one hand, some employers take advantage of their advantageous position to compress workers' vacation time, and when workers make legitimate and legitimate requests for rest and vacation, they are threatened with dismissal by employers; Or the employer may refuse to approve the employee's leave application for various reasons such as the employee's leave form not meeting the regulations. If the employee insists on taking leave, the labor contract will be terminated on the grounds of absenteeism. On the other hand, there are frequent cases where workers are forced to terminate their employment relationship due to infringement of their right to rest and vacation. Regarding this, Huang Haitao, the chief judge of the case filing court of Beijing Third Intermediate People's Court, suggested that workers should learn about the laws and regulations on rest and vacation from multiple channels and aspects. When establishing a labor relationship with an employer, one should carefully read the terms of the labor contract and understand the provisions on rest and vacation in the company's rules and regulations. If workers find that there are regulations or agreements that improperly restrict their right to rest and vacation, they should raise objections in a timely manner and communicate and negotiate with the employer. Employers should establish a scientific and reasonable rest and vacation system in accordance with the requirements of laws and regulations, and strictly regulate employment behavior in accordance with labor laws and regulations. Encourage employers to provide welfare leave for employees and clarify the order of statutory annual leave and welfare leave in the rules and regulations to avoid disputes caused by misunderstandings. In addition, employers should reasonably arrange workers' rest and vacation according to the specific situation of production and work, effectively safeguard workers' rights to rest and vacation, and fully mobilize workers' work enthusiasm. (New Society)

Edit:XieEnQi    Responsible editor:XieEnQi

Source:people.cn

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Return to list

Recommended Reading Change it

Links

Submission mailbox:lwxsd@liaowanghn.com Tel:020-817896455

粤ICP备19140089号 Copyright © 2019 by www.lwxsd.com.all rights reserved

>