The latest notice issuance standard of annual leave regulations in 2023

The new Labor Law stipulates that the number of annual leave days depends on the working years of the workers. Generally, those who have worked for more than one year but less than ten years will be given five days' annual leave; For those with more than 10 years but less than 20 years, the annual leave is 10 days; for those with more than 20 years, the annual leave is 15 days.

1. How many days of annual leave does the new labor law stipulate?

The number of annual leave days is determined according to the working years of employees;

Article 3 of the Regulations on Paid Annual Leave for Employees stipulates that employees who have worked for more than 1 year but less than 10/year shall have an annual leave of 5 days; Annual leave 10 days if it is over/kloc-0 years but less than 20 years; Annual leave is 15 days for those who have completed 20 years. National statutory holidays and rest days are not included in the annual leave.

Article 3 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises in Ministry of Human Resources and Social Security stipulates that employees who have worked continuously for 12 months or more shall enjoy paid annual leave (hereinafter referred to as annual leave).

2. How to calculate annual leave after working in a new company for less than one year?

According to the regulations, if the unit terminates the labor relationship with its employees, it can be given annual leave according to the working hours of the employees in that year, and the part that is less than 1 complete days after conversion will not be enjoyed. Conversion method: (calendar days that have passed in our company in that year ÷365 days) × annual leave days that employees should enjoy throughout the year.

note:

The "calendar day" in the 1. conversion method is calculated day by day, so there is no need to exclude weekends and holidays approved by French banks.

2. After conversion, the part less than 1 complete days is not enjoyed, and rounding is not involved, so the enjoyment days can be rounded.

3. Under what circumstances do you not enjoy annual leave?

Five situations in which employees do not enjoy paid vacation in the current year:

1, the employee takes more than 20 days off and the unit fails to deduct wages according to regulations;

2. Employees who have worked for more than 65,438+0 years but less than 65,438+00 years have taken sick leave for more than 2 months;

3. Employees who have worked for 10 years and have not suffered from allergies within 20 years have taken sick leave for more than 3 months;

4. Employees who have worked for more than 20 years have taken sick leave for more than 4 months.

While ensuring employees' annual leave rights, we should also ensure the normal working order of the unit. For employees who take sick leave or personal leave for a long time, they should not be prepared to enjoy annual leave.

5. Employees enjoy winter and summer vacations according to law, and the number of vacation days is more than the number of annual vacation days.

In China, the school has been implementing the system of winter vacation and summer vacation, and the number of days of winter vacation and summer vacation enjoyed by faculty members (two to three weeks for winter vacation and five to six weeks for summer vacation) far exceeds the stipulated number of days of annual vacation. Therefore, the "Regulations" stipulate that employees who enjoy winter and summer vacations in accordance with the law and have more vacation days than annual vacation days do not enjoy the annual vacation of that year.

To sum up, annual leave belongs to the workers' association, which is generally determined according to the working years of employees, generally ranging from five days to fifteen days; Generally, the calculation needs to be handled according to the actual situation of workers. If the employer refuses the employee to take annual leave, it needs to bear legal responsibility.

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