Viewpoint... A brief analysis of the relevant laws and regulations of paid annual leave.
Published:
2024-04-07
With the general enhancement of public legal awareness, workers gradually realize that they enjoy many rights and obligations. As one of the labor rights and interests that employees should enjoy, annual leave is a legal right protected by law. This paper only analyzes the relevant clear provisions of paid annual leave from the Labor Law and other laws and regulations.
With the general enhancement of public legal awareness, workers gradually realize that they enjoy many rights and obligations. As one of the labor rights and interests that employees should enjoy, annual leave is a legal right protected by law. This paper only analyzes the relevant clear provisions of paid annual leave from the Labor Law and other laws and regulations.
Article 45 of the "Labor Law" stipulates that the state implements a paid annual leave system. Workers who have worked continuously for more than one year shall enjoy paid annual leave; specific measures shall be formulated by the State Council. The "Regulations on Paid Annual Leave for Employees" issued by the State Council Order No. 514, and the Ministry of Human Resources and Social Security Order No. 1 "Implementation Measures for Paid Annual Leave for Enterprise Employees" have detailed provisions on paid annual leave for employees.
Article Analysis 1:
Article 3 of the Regulations on Paid Annual Leave for Employees stipulates that if an employee has worked for 1 year but less than 10 years, the annual leave shall be 5 days; if the employee has worked for 10 years but less than 20 years, the annual leave shall be 10 days; if the employee has worked for 20 years, the annual leave shall be 15 days.
Q1: What is the specific meaning of "cumulative work?
A: During the working period of the same unit or different units, employees can enjoy paid annual leave as long as they have worked continuously for more than 12 months. For example, if a worker works in company a for 12 months, the worker will be entitled to paid annual leave in company B immediately after leaving the company. If the worker works in company a for 10 months, the worker will be entitled to annual leave in the current year after joining company B for 2 months. In practice, most of the "continuous" inspections are considered to be a natural month, that is, after the laborer leaves the original company, he can be considered "continuous work" when he joins the new company within one month ".
Article Analysis 2:
Article 5 of the "Measures for the Implementation of Paid Annual Leave for Enterprise Employees" stipulates that the number of annual leave days in the current year shall be converted and determined according to the remaining calendar days in the unit, and the part less than one full day after conversion shall not enjoy annual leave.
Q2: Calculation of paid annual leave days when less than one natural year?
A:(the number of calendar days remaining in the unit in the current year ÷ 365 days) × the number of annual leave days that employees should enjoy throughout the year. For example, if a worker works 210 days in Company B in his last natural year and is entitled to 5 days of annual leave per year in accordance with the regulations, he is entitled to 2 days of paid annual leave in that year. The calculation method is: 210 days ÷ 365 days × 5 days = 2.87 days. If the part less than one full day does not enjoy annual leave, it will only enjoy 2 days of paid annual leave for the remaining 210 days of the year.
Article Analysis 3:
Article 5 of the "Regulations on Paid Annual Leave for Employees" stipulates that for the number of days of annual leave that an employee should take, the unit shall pay 300 of the employee's daily salary.
Q3: Calculation of salary for annual leave that should be taken?
A: The number of days that should be taken without annual leave × daily salary × 300%.
The calculation of the annual leave salary already includes the salary income paid by the employing unit during the normal working period of the laborer, that is, on the basis of the normal payment of wages, the employing unit only needs to reissue the difference salary corresponding to the unpaid annual leave to the laborer, that is, the number of days of unpaid annual leave × daily salary × 200%.
In the calculation of the annual leave salary, the monthly salary refers to the average monthly salary of the employee after excluding overtime salary for the 12 months before the employer pays the salary for the unpaid annual leave.
Article Analysis 4:
Article 10 of the "Regulations on Paid Annual Leave for Employees" stipulates that the employer arranges employees to take annual leave, but if the employee does not take annual leave due to his own reasons and proposes in writing, the employer may only pay his salary during the normal working period.
Q4: Under what circumstances can the employer not bear the salary of the unpaid annual leave?
A: According to the above-mentioned provisions of the law, the company may not bear the salary of the unpaid annual leave due to the laborer's own reasons and when the laborer proposes in writing to take the unpaid annual leave.
Article Analysis 5: Article 5 of the Regulations on Paid Annual Leave for Employees states that annual leave can be arranged centrally or in sections within one year, and is generally not arranged across years. If it is really necessary for the unit to arrange annual leave for employees across years due to the characteristics of production and work, it can be arranged across one year.
Q5: Is the limitation of arbitration applicable?
A: Paid annual leave is subject to a one-year arbitration statute of limitations. The limitation of arbitration shall be calculated from the date when the parties know or should have known that their rights have been infringed. Therefore, the limitation of annual leave that the laborer should take for each year shall be calculated from January 1 of the following year. For example, if a worker joined Company B on October 4, 2014 and has never enjoyed paid annual leave, he applied for arbitration on January 28, 2022, and his claim for unpaid annual leave until December 31, 2020 has exceeded the limitation of arbitration.
I hope that everyone can learn the law, understand the law, and use the law as a "weapon" to defend their legitimate rights and interests. While working hard, they can also enjoy a leisurely holiday life.
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