The Orientation Of Character And Legal Realization Of "Personal Leave" Of Employees

"Labor law" specified weeks holiday,statutory holiday and paid annual leave in rest and vacation.Relevant law specified marriage or funeral leave,family visit leave and maternity leave.However,the above laws do not cover personal leave.At present,the academic circle only mentions the concept of“personal leave”,which is regarded as the leave applied by employees for non-work personal events.However there is a lack of in-depth research on the issue of personal leave.“Private events for non-work reasons”is a relatively broad concept,and it is not clear which events can be grounds for personal leave.The absence of the personal leave system also makes employers and employees lack the code of conduct to deal with the issue of personal leave.In the era of market economy,there are many labor contract disputes between employers and employees due to personal leave.By the case retrieval,the judicial decisions have different attitudes towards the following issues.Whether it is legal for an employer to dismiss an employee who leaves or does not show up for work without approval or refusal of permission for personal leave.Whether the employees continue to enjoy personal leave after the disappearance of the cause is the practice of fraud.Whether the employer need to pay its employees for the time of personal leave.In addition,although judicial decisions mostly hold that employers need to perform specific procedures and have the obligation to notify employees to return to their posts before making a dismissal decision,there are insufficient arguments.It is not only undermines the unity and authority of the judiciary,but also against the balance of industrial relations.To resolve this problem,we should explore its basic meaning,distinguish its legal nature and define its role.The original theoretical views can be divided into two kinds.One is that except the statutory holidays and paid annual leave,family visit leave,marriage and funeral leave clearly specified by laws,all the holidays thatemployees applied and enjoyed belong to the category of personal leave.The other is that in addition to the rest and leave stipulated in the labor law,the leave enjoyed by enterprise employees for personal of family events falls into the category of personal leave,including maternity leave,marriage and funeral leave,and other administrative regulations.However it is not include sick leave.The current view of“personal leave”is too broad to deal with specific issues in judicial practice,so it should be distinguished according to the different characteristics of “things”,which cannot be generalized.In the face of labor disputes in judicial practice,in addition to the above,we should design the system of“personal leave”comprehensively.Firstly,we should increase the rules of “personal leave” in rest and leave,and clear its basic concept.Secondly,standardize the substantive examination right of employers.Employers can decide whether to approve personal leave or not.Thirdly,legalize the labor attachment obligation of employees.Labor relationship is different from the general civil relationship.It has the attribute of subordination in identity.Finally,establish the two-way restraint mechanism between employers and employees.If employees violates laws or rules of enterprise,employers use the right of unilaterally terminate the labor contract.If employers infringes upon the legitimate rights and interests of the employees,employees can ask employers to cancel the wrong decision or give certain economic compensation.These systems are designed to coordinate the interest of labor and capital,and realize the harmonious development of labor relations.