Dispute over Payment of Wages for Unused Annual Leave at a Catering Company in Xiamen

Case Summary

Plaintiff Lin joined the defendant, Xiamen [Name] Catering Management Co., Ltd., on 2021/4/1 as a Front-of-House Manager under a written labor contract with a monthly salary of 10000 yuan. During employment, the defendant failed to arrange annual leave for Plaintiff or pay compensation for unused annual leave. After resigning on 2024/3/31, Plaintiff filed for arbitration with the Xiamen Labor and Personnel Dispute Arbitration Commission, requesting payment of 27586 yuan in compensation for unused annual leave from 2021/4/1 to 2024/3/31. The Arbitration Commission ruled in favor of Plaintiff's claims. Dissatisfied with the ruling, the defendant appealed to the court.

Key Dispute

1.原告是否符合享受年休假的条件

2.Has the defendant arranged for the plaintiff to take annual leave or paid compensation for unused annual leave?

3.Whether the calculation base and amount of unpaid annual leave wages claimed by the plaintiff comply with legal requirements.

Case Strategy

1.Fixed-term labor contracts, payroll records, attendance logs, separation certificates, and arbitration awards as core evidence

2.Evidence shows that the plaintiff was employed on 2021/4/1, terminated employment on 2024/3/31, has a tenure of 3 years, and has accumulated more than 1 but less than 10 years of total work experience. The annual leave entitlement is 5 days per year.

3.Prove that the defendant failed to arrange annual leave for the plaintiff during their employment and did not pay compensation for unused annual leave, thereby violating the "Regulations on Paid Annual Leave for Employees."

4.Calculate the unpaid annual leave wages claimed by the plaintiff for the period from 2021/4/1 to 2022/3/31. The entitled annual leave is 5 days.

5.From 2022-4-1 to 2023-3-31, annual leave entitlement: 5 days

6.From 2023/4/1 to 2024/3/31, annual leave entitlement: 5 days, total: 15 days

7.Unpaid annual leave wages are paid at 300% of the daily wage. After deducting wages already paid for normal working days, an additional 200% is due. The calculation base is a monthly salary of 10000 yuan, resulting in a daily wage of 459.77 yuan. For 15 days, this totals 13793 yuan. Including extra compensation for statutory holidays, the final amount is 27586 yuan, which complies with legal requirements.

Processing Result

The court ruled that Defendant Xiamen [Company Name] Catering Management Co., Ltd. shall pay the Plaintiff Lin a total of 27586 yuan for unused annual leave wages accrued from 2021/4/1 to 2024/3/31, within ten days of the judgment taking effect. The Defendant shall bear all litigation costs in this case.

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