CCTV.com entered the Renaissance Forum on April 20, 2009 15:23 Source: Zhao Yan Evening News.
Taikang Life Cao sent a short message to Miss Xu on the evening of April 6th.
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Ms. Xu's monthly basic salary is only 600 yuan, and the average daily salary is only 20 yuan. She can ask for leave to go home to attend her grandfather's funeral, but 2 10 yuan's salary is deducted by the company every day, which makes her deeply wronged and thinks that the company is unreasonable to do so. Then, what is the legal basis for enterprises to deduct "funeral expenses" when the daily salary of employees exceeds 10 times? What do people think?
□ Text/photo reporter Andy
On April 5 this year, the grandfather of Ms. Xu, an employee of Taikang Life Insurance Co., Ltd. Hebei Branch (hereinafter referred to as Taikang Life Insurance), passed away, and she asked for leave to go back to her hometown to attend the funeral. During the mourning period, the team leader told her that it would cost more than 200 yuan to take a day off.
On April 15, the reporter called Taikang Life Insurance, and the person in charge of Ms. Xu's team said that it was the company's system to do so. In this regard, legal persons believe that Taikang Life Insurance's move is neither appropriate nor humanized. The labor inspection department suggested that Ms. Xu report the situation to them or apply for arbitration directly.
The reporter's investigation found that the newly revised "Labor Law" did not make specific provisions on the issue of funeral leave for employees of non-state-owned enterprises, and the basis for reference implementation throughout the country was only a paper notice jointly issued by the Ministry of Labor and Finance 29 years ago. In this regard, some netizens believe that "supporting the elderly to die" is the most affectionate appeal of the people, and the state's funeral leave regulations should be moved by it. The death of employees' grandparents and spouse parents should also be included in the scope of employee funeral leave.
Going back to my hometown to attend the funeral, my salary was ridiculously deducted.
Ms. Xu is from Zhengding County. At the beginning of February this year, she applied to Taikang Life Insurance Telephone Banking Center for telemarketing insurance. The monthly salary mode is basic salary 600 yuan+performance commission.
On April 8, she told reporters that April 5 coincided with Sunday, and when she was resting at home, she received a phone call from her father from Zhengding's hometown, saying that grandpa was critically ill. So she hurried back to Zhengding's hometown. "After I returned to my hometown, my grandfather was in a coma and my shroud was put on." Ms. Xu said that after her grandfather died that day, she called Cao, the leader of the unit team, to ask for leave and told him to be cremated and buried the next day and take a day off. On April 6, after her grandfather was buried, she learned that according to the custom of her hometown, she would go to the grave to burn paper the next day, so she could not go to work on April 7. Knowing that she was going to take a day off, Cao bluntly advised her, "I'd better plan for the future." I have to deduct more than 200 personal leave a day, and I have to consider the living. "
Regarding Cao's persuasion, Ms. Xu said that she grew up with her grandparents and had deep feelings for her grandfather. Now that grandpa has passed away, it is human nature for her to take an extra day off to burn paper for grandpa in order to pay homage to him and express her grief. Taikang Life Insurance should respect her feelings for grandpa. Therefore, she thinks it is "really incomprehensible" for Taikang Life Insurance to deduct her salary of more than 200 yuan every day. As a result, she thought of it. On the morning of April 14, with the support of her family, she went to Taikang Life Insurance to go through the resignation procedures.
"Now all companies are advocating people-oriented, but my basic salary is only one month in 600 yuan. This inhuman practice of Taikang Life Insurance really makes it difficult for me to understand and accept. " Losing her loved ones and not being understood by the company, Ms. Xu is unhappy.
It is the company's policy to deduct 2 10 yuan for one day of personal leave.
In life, it is human nature for employees to take time off because of family weddings and funerals. Why does Ms. Xu take time off to go home to attend the funeral and burn paper and get so much money deducted every day? Cao, the person in charge of Taikang Life Insurance Telephone Banking Center, explained that Ms. Xu took sick leave on the first day and did not deduct money. After the second day, according to the calculation of personal leave, the daily deduction standard is: 30% of 600 yuan's monthly salary plus 30 yuan, and the above total will be deducted 2 10 yuan every day.
It's impersonal for the employees of the company to ask for leave to go home to attend the funeral because of the death of their families. Regarding the reporter's question, Cao said, "The company is like this." This is the company's rule, and everyone is the same. "I was detained."
Taikang Life Insurance lacks humanization.
Regarding Ms. Xu's experience, Wang Junli, a lawyer of Hebei Jihua Law Firm, believes that it is inappropriate for Taikang Life Insurance to deduct 2 10 yuan's salary for one day due to the death of its employees' close relatives.
Wang Junli said that according to the Notice on Asking for Wedding and Funeral Leave and Travel Leave for Employees of State-owned Enterprises issued by the State 1980, employees' immediate family members, such as their parents, spouses and children, can enjoy 1-3 days of funeral leave, and their wages will be paid as usual during the funeral leave. As far as Ms. Xu is concerned, her grandfather is not her immediate family. After the death of the old man, although Ms. Xu Can can't enjoy funeral leave, according to the regulations on personal leave, Taikang Life Insurance can deduct her salary that day, that is, 20 yuan (30 days deducted from 600 yuan's basic salary), but it can't be regarded as absenteeism and punished. It's a bit high to deduct 2 10 yuan for personal leave a day.
"This internal regulation of Taikang Life Insurance has neither legal basis nor humanization." Li Shuhong, director of Shijiazhuang Weimin Law Firm, believes that Ms. Xu Can has negotiated with the company. If negotiation fails or the company is not sincere, she can report to the labor department supervision brigade and ask it to deal with the company and pay the deducted and unpaid wages. If it still can't be solved, she can also apply to the labor department for labor arbitration to safeguard her legitimate rights and interests.
The relevant departments suggested that Ms. Xu submit labor arbitration.
On the afternoon of April 15, the reporter reported Ms. Xu's experience to Shijiazhuang Labor Inspection Brigade. The person in charge said that Ms. Xu can report the situation to the labor inspection brigade. However, because the problem she reflected is controversial, it is suggested that Ms. Xu should submit it to labor arbitration.
Netizens suggested amending the regulations on employees' funeral leave.
It is worth mentioning that the reporter found in the investigation that the newly revised Labor Law does not make specific provisions on whether employees of non-state-owned enterprises such as Ms. Xu enjoy funeral leave. The only reference basis for implementation in all parts of the country is the (59) Notice No.67 of China Labor Salary issued by the former Ministry of Labor on June 1959 and the Notice of the State Administration of Labor and the Ministry of Finance on June 65438. Therefore, employees of non-state-owned enterprises take funeral leave, and the implementation standards vary from place to place.
Netizen "lianlian 1 125" said that the term is that the dead are alive. If the leader of the unit is a little human, if the employee's closest person is gone, the vacation should be relaxed, just like his colleague's mother is gone, and their supervisor gave him a week's vacation.
Netizen "once handsome" said that although the relevant departments made appropriate adjustments to the funeral leave regulations in 1980, for example, on the basis of "three days of funeral leave when the immediate family member died", the "round-trip travel leave is determined by mileage" was revised for funerals in different places. However, the scope of application of funeral leave is still only for "immediate family members".
This netizen believes that China has always paid attention to respecting the old and filial piety, and "supporting the old and caring for the young" is the most affectionate demand of the people. Isn't it unreasonable to exclude the events of grandparents and spouse's parents? Therefore, he suggested that the funeral leave regulations should be moved.
Regarding the suggestions made by netizens, Wang Junli, a lawyer of Hebei Jihua Law Firm, believes that there is no specific provision on funeral leave for employees of non-state-owned enterprises at the national level, which leads to different implementation in different places. Nowadays, in China's social and economic structure, various economic components coexist, including state-owned enterprises, individuals, private enterprises and foreign-funded enterprises. It is necessary to make specific amendments to the content of employee's funeral leave in the Labor Law. He agrees with the opinions and suggestions of netizens. "The next step can be discussed, and then specific judicial suggestions can be made to the Ministry of Labor". Lawyer Wang Junli said.