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我国立法对劳动者未休带薪年休假补偿的规定不够具体、完善,在现实中很难适用,一些规定还可能导致与立法初衷相悖的结果。应当通过立法禁止劳资双方在劳动合同中事先约定以经济补偿代替带薪年休假,建立以休假补偿为主、经济补偿与休假补偿相结合的未休年休假补偿制度,完善工资支付保障制度,明确劳动者带薪年休假权受侵害的救济途径,解决年终时、劳动合同终止时、劳动者自愿放弃带薪年休假等情况下的补偿问题。
The provisions of our country’s legislation on the indemnities of employees for paid leave without pay are not specific enough and perfect, which are hard to apply in reality. Some provisions may also lead to results contrary to the original intention of legislation. Legislation should be adopted to prohibit both employers and employees from agreeing in advance in the labor contract to replace the annual paid annual leave with economic compensation and to set up a system of annual leave compensation which is mainly based on the principle of leave compensation and economic compensation combined with vacation compensation and improve the wage payment guarantee system. Workers paid year vacation right infringed relief approach to resolve the end of the year, the termination of the labor contract, the workers voluntarily give up the annual leave with pay and other compensation issues.