問 我們是銷售(shou)公司，每天(tian)都很忙(mang)，想(xiang)咨詢一(yi)下，職工(gong)因(yin)工(gong)作原因(yin)不能休年休假的(de)怎么辦啊？

答 確(que)有部分(fen)職(zhi)(zhi)工(gong)(gong)(gong)(gong)(gong)(gong)因(yin)工(gong)(gong)(gong)(gong)(gong)(gong)作需(xu)要不能休(xiu)年休(xiu)假(jia)(jia)。為了保障這部分(fen)職(zhi)(zhi)工(gong)(gong)(gong)(gong)(gong)(gong)的(de)權益，條例(li)規定(ding)(ding)職(zhi)(zhi)工(gong)(gong)(gong)(gong)(gong)(gong)因(yin)工(gong)(gong)(gong)(gong)(gong)(gong)作原因(yin)未能享受年休(xiu)假(jia)(jia)的(de)，單(dan)位(wei)除(chu)正常(chang)支(zhi)付(fu)工(gong)(gong)(gong)(gong)(gong)(gong)資(zi)(zi)收(shou)入外(wai)，還要支(zhi)付(fu)相(xiang)應(ying)的(de)補(bu)償。對于(yu)補(bu)償的(de)標準，在征(zheng)求意見過程中，有不少意見認為，應(ying)當(dang)(dang)符合(he)勞動(dong)法關于(yu)“法定(ding)(ding)休(xiu)假(jia)(jia)日(ri)安排勞動(dong)者工(gong)(gong)(gong)(gong)(gong)(gong)作的(de)，支(zhi)付(fu)不低于(yu)工(gong)(gong)(gong)(gong)(gong)(gong)資(zi)(zi)的(de)300%的(de)工(gong)(gong)(gong)(gong)(gong)(gong)資(zi)(zi)報酬”的(de)規定(ding)(ding)。據此,條例(li)規定(ding)(ding)：對于(yu)統籌安排職(zhi)(zhi)工(gong)(gong)(gong)(gong)(gong)(gong)年休(xiu)假(jia)(jia)，單(dan)位(wei)確(que)因(yin)工(gong)(gong)(gong)(gong)(gong)(gong)作需(xu)要不能安排職(zhi)(zhi)工(gong)(gong)(gong)(gong)(gong)(gong)休(xiu)年休(xiu)假(jia)(jia)的(de)，經職(zhi)(zhi)工(gong)(gong)(gong)(gong)(gong)(gong)本人(ren)同意，可以不安排職(zhi)(zhi)工(gong)(gong)(gong)(gong)(gong)(gong)休(xiu)年休(xiu)假(jia)(jia)。對職(zhi)(zhi)工(gong)(gong)(gong)(gong)(gong)(gong)應(ying)休(xiu)未休(xiu)的(de)年休(xiu)假(jia)(jia)天數(shu)，單(dan)位(wei)應(ying)當(dang)(dang)按照該職(zhi)(zhi)工(gong)(gong)(gong)(gong)(gong)(gong)日(ri)工(gong)(gong)(gong)(gong)(gong)(gong)資(zi)(zi)收(shou)入的(de)300%支(zhi)付(fu)年休(xiu)假(jia)(jia)工(gong)(gong)(gong)(gong)(gong)(gong)資(zi)(zi)報酬。