On annual vacation, just read this article

1. Under what conditions can I take a break?

Employees who have worked continuously for one year can take annual leave.

1. Are workers required to work continuously in the same unit for one year?

No requirements. Therefore, if an employee changes jobs, if the working hours are "seamless", the working period of the previous employer and the current employer can be combined, and the annual leave can be taken after one year. There should be no interruption during the year.

Reply to the Department of Human Resources and Social Security Letter [2009] No. 149 on issues related to the "Implementation Measures for Paid Annual Leave for Enterprise Employees"

"Implementation Measures for Paid Annual Leave for Enterprise Employees" The term "employees working continuously for more than 12 months" in Article 3 includes both situations where employees work continuously for more than 12 months in the same employer, and situations where employees work continuously for more than 12 months in different employers.

2. Can employees be required to work in the company for one year before they can enjoy paid annual leave?

No. Evaluating whether an employee can enjoy paid annual leave is not based solely on the number of years of service in the unit. HR can require employees to submit evidence of continuity between their previous work unit and this unit (social security records, labor contract signing time, etc.), and then decide whether employees who have worked in this unit for less than one year are still entitled to paid annual leave.

2. How long will the break be?

Calculated based on the total cumulative working hours of the employee.

Employees who have worked for 1 year but less than 10 years in total are entitled to 5 days of annual leave; employees who have been working for 10 years but less than 20 years are entitled to 10 days of annual leave; employees who have been working for 20 years or more are entitled to 15 days of annual leave.

1. How to calculate working hours (length of service)?

a. Period of full-time working

b. Period of military service in accordance with the law

c. Period that can be calculated as seniority according to other laws and regulations

2. What are the certification materials for determining length of service?

a. File records

b. Unit’s social insurance payment records

c. Labor contract

d. Other legally binding documents Certification materials

Reply to the Department of Human Resources and Social Security Letter [2009] No. 149 on issues related to the "Implementation Measures for Paid Annual Leave for Enterprise Employees"

"Implementation Measures for Paid Annual Leave for Enterprise Employees" "Accumulated working time" in Article 4 includes the period during which employees work full-time in agencies, groups, enterprises, institutions, private non-enterprise units, individual industrial and commercial households with employees, etc., as well as when employees perform military service and other duties in accordance with the law. The period that can be calculated as seniority (deemed as the working period) is stipulated by national laws, administrative regulations and the State Council. An employee's cumulative working hours can be determined based on archival records, the unit's social insurance payment records, labor contracts, or other legally binding certification materials.

3. Can an individual’s self-insurance be considered working time?

Merely proving the individual’s self-insurance cannot be regarded as working hours. However, if there are other supporting materials that can prove that the employee has a full-time employment relationship with an employer during the period of personal insurance, Then this period has the possibility of being recognized as working time. Whether it is recognized or not depends on the actual situation of the supporting materials.

4. Will annual leave be postponed if it falls on statutory holidays or rest days?

Postponed. National statutory holidays and rest days are not included in annual leave.

5. If an employee has taken family leave, wedding and funeral leave, maternity leave, etc., can it be used as annual leave?

Enjoy them separately, without compromising or conflicting. Family leave, wedding and funeral leave, maternity leave and other state-mandated holidays that employees enjoy in accordance with the law, as well as periods of unpaid leave due to work-related injuries, are not included in the calculation of annual leave.

6. If an employee is a new employee, works continuously (their length of service is “seamless”), and meets the legal requirements for taking paid annual leave, how is the paid annual leave taken in the unit calculated? Or if an employee resigns and has worked for less than one year, how to calculate the paid annual leave he should take in that year?

It will be determined based on the remaining calendar days in the unit. The portion less than 1 full day after calculation will not be entitled to annual leave.

The conversion method is:

(The remaining calendar days in the unit in the current year ÷ 365 days) × the number of annual leave days that the employee should enjoy throughout the year. ?

(The number of calendar days that have passed in this unit in the current year ÷ 365 days) × the number of annual leave days that the employee should enjoy throughout the year - the number of annual leave days that have been arranged for the current year.

7. Can employees be given additional paid holidays?

Yes. However, please clarify the conditions for additional paid leave and the order of entitlement with statutory paid annual leave to avoid unnecessary disputes.

8. If a resigned employee has taken extra paid annual leave, can he be required to use the extra paid annual leave days as working days to continue working or have his corresponding salary deducted before resigning?

If the employer has arranged annual leave for employees in the current year, the number of days in excess of the annual leave that should be taken will not be deducted.

9. Can dispatched employees also enjoy paid annual leave?

Yes. If the dispatched employee is not paid by the labor dispatch unit in accordance with the law during the period of the labor contract for more than the number of annual leave days he should enjoy throughout the year, he will not enjoy the annual leave for that year; if it is less than the number of annual leave days he should enjoy throughout the year. If the number of vacation days is exceeded, the labor dispatch unit and the employer shall negotiate and arrange to make up for the dispatched employees’ annual vacation days.

3. When can’t you take a break?

If an employee has any of the following circumstances, he or she will not enjoy annual leave for that year:

(1) The employee enjoys winter and summer vacations in accordance with the law, and the number of vacation days is more than the number of annual vacation days; If the number of winter and summer vacation days enjoyed by employees is less than their annual leave days due to work needs, the employer shall arrange to make up the annual leave days.

(2) If an employee takes more than 20 days of personal leave in total, and the unit does not deduct wages in accordance with regulations; More than 2 months;

(4) Employees who have worked for 10 years but less than 20 years in total require sick leave for more than 3 months;

(5) Employees who have worked for 20 years in total Employees who are more than 10 years old have to take sick leave for more than 4 months in total.

If an employee has already enjoyed the annual leave of the current year, and one of the circumstances specified in Items (2), (3), (4), and (5) occurs during the year, he will not be entitled to the annual leave of the next year.

4. Who arranges vacation?

Employers can make overall arrangements for employees to take annual leave based on their own production needs and taking into account the wishes of employees. They can take annual leave in batches, dispersed or concentrated.

Annual leave can be arranged collectively within one year or in sections, and is generally not arranged across years. If the unit really needs to arrange annual leave for employees across years due to production and work characteristics, it may arrange it across one year or not, but it must obtain the employee's consent. If annual leave is not arranged, untaken annual leave wages shall be paid.

1. The employer has made arrangements, but the employee is unwilling to take a break. What should I do?

The employer arranges for employees to take annual leave, but if the employee proposes in writing not to take annual leave due to personal reasons, the employer may only pay the salary during the normal working period.

If the employee is unwilling to issue a written application, it is recommended that the employer secure audio recordings, video recordings, mobile phone text messages and other evidence.

2. Can workers decide when to take annual leave without the consent of the employer?

As the managed party in the labor relationship, employees who take annual leave without the consent of the employer may face being deemed as absenteeism, etc., and may even be terminated from the labor relationship.

3. If an employee requests to take paid annual leave, but the employer refuses, what should the employee do?

First of all, employees cannot "force" to take paid annual leave. Secondly, the employer must pay employees untaken annual leave wages or arrange for employees to take paid annual leave.

5. Benefits and consequences of untaken annual leave

1. Untaken annual leave not due to the employee’s own reasons

The employer shall calculate the employee’s daily wage income based on 300 is paid as remuneration for untaken annual leave, which includes the salary income paid by the employer during the normal working period of the employee, that is, 200 is repaid.

2. The unit is indeed unable to arrange for employees to take annual leave due to work needs.

With the employee’s consent, the unit does not need to arrange for employees to take annual leave. For the number of days of annual leave that an employee should have taken but has not taken, the unit shall pay annual leave remuneration based on 300 of the employee's daily wage income.

3. The unit does not arrange for employees to take annual leave and fails to provide annual leave wages in accordance with the provisions of these Regulations

The personnel department or labor and social security department of the local people's government at or above the county level shall order it according to its authority Make corrections within a time limit; for those who fail to make corrections within the time limit, in addition to ordering the unit to pay annual leave wages and remuneration, the unit shall also pay additional compensation to employees based on the amount of annual leave wages and remuneration; for those who refuse to pay annual leave wages, remuneration and compensation, If the unit belongs to civil servants and personnel managed with reference to the Civil Servant Law, the directly responsible supervisor and other directly responsible personnel shall be punished in accordance with the law; if the unit belongs to other units, the labor and social security department, the personnel department or the employee shall apply to the People's Court for compulsory enforcement.

4. Wage calculation amount

The daily wage income for calculating untaken annual leave wages is calculated based on the employee’s monthly salary divided by the number of monthly pay days (21.75 days).

Monthly salary: refers to the average monthly salary of employees after excluding overtime wages in the 12 months before the employer pays their untaken annual leave wages. If the employer has worked for less than 12 months, the average monthly salary will be calculated based on the actual month.

Employees enjoy the same salary income during annual leave as during normal working hours. For employees who implement piece-rate wages, commission wages or other performance-based wage systems, the calculation and payment of daily wage income shall be in accordance with the above-mentioned regulations.

6. Rights protection methods

1. Complain to the labor administration department

According to the judicial practice of Jiangsu Province in 2015 and 2016, units do not arrange for employees to take vacations. If a person takes vacation and fails to provide annual leave wages in accordance with relevant regulations, the personnel department or labor and social security department of the local people's government at or above the county level shall order him to make corrections within a time limit. Therefore, the request does not fall within the scope of the people's court. The people's court shall not accept the request for payment of fees. Requests for annual leave pay will not be supported and workers should resolve the matter through the labor administration department.

2. The possibility of filing a lawsuit in court and the statute of limitations

The courts in Jiangsu Province no longer hear requests for payment of untaken paid annual leave wages, so there is no statute of limitations. explain. However, judicial practices vary across the country. As far as I know, some local courts will accept requests for payment of annual leave wages.

Since the law does not stipulate how long paid annual leave must be taken, in a sense it can be considered that as long as the labor relationship continues, the statute of limitations for employees’ paid annual leave litigation has not expired.

If HR can clarify in the rules and regulations how to take annual leave and the period in which the company arranges annual leave, the employer may be able to claim that the employee knows that his right to enjoy paid annual leave has expired in a certain period. been violated at all times, thus claiming that the statute of limitations has expired. However, there is no legal basis for directly stipulating that annual leave will be invalidated if it is not taken in the current year.