How to calculate the annual leave stipulated in the new labor law, please help answer 5

What is the "new labor law", the labor law is still the same as in 1994, and the new one is the labor contract law.

The annual leave you're talking about here is paid leave, right? In accordance with Article 3 of the Regulations on Paid Annual Leave for Employees, "if an employee has worked for 1 year but less than 10 years, he or she shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; 15 days of annual leave for those who have completed 20 years".

So, your company's calculation method is not reasonable, and there should be 5 days of vacation time.

Article 3 of the Regulations on Paid Annual Leave for Employees states that "if an employee has worked for 1 year but less than 10 years, he or she shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; 15 days of annual leave for those who have completed 20 years".

The labor law stipulates that you are entitled to five days of paid leave after one year of service. Holidays are not counted.

Dizzy, you're unlucky, 1:2 days short. Only 1 day can be used.

If a company has tens of thousands of employees, and you want to annoy their personnel, you need to calculate each employee's annual leave every day according to their start date.

The usual algorithm is one year = one day (is paid).

If the company cannot arrange the annual leave, it is necessary to pay the employee the annual leave allowance at the rate of three times the daily payment.

Southern Labor Network|Workers' Legal Aid Center.

Legal Analysis:1If the cumulative work is 1 year but less than 10 years, the annual leave is 5 days;

2.If the cumulative work has been completed for 10 years but less than 20 years, the annual leave is 10 days;

3.Those who have worked for 20 years or more will have 15 days of annual leave.

Legal basis: Article 45 of the Labor Law of the People's Republic of China The State implements a paid annual leave system. Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.

The duration of annual leave under the Labor Law is based on the accumulated hours worked:

1. Annual leave refers to a certain period of paid continuous leave granted by the state every year according to the working years and the degree of heavy labor tension of the worker.

2. If the 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 is 10 days; If an employee has worked for 20 years or more, the annual leave shall be 15 days.

3. Employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, etc., who have worked continuously for more than one year, can enjoy paid annual leave.

2. What should I do if I have not taken paid annual leave?

1. Article 9 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises stipulates that the employer shall make overall arrangements for annual leave according to the specific conditions of production and work, and taking into account the wishes of the employees themselves. If the employer is unable to arrange annual leave for employees or arranges annual leave across one year due to work needs, it shall obtain the consent of the employees themselves.

The employer shall adopt the following methods according to the actual situation:

1) With the consent of the employee (or according to the employee's application), arrange the employee to take leave in the next year;

2) Wage compensation for employees who have not taken annual leave in the current year.

2. Article 10 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises stipulates that if an employer does not arrange annual leave with the consent of the employee or arranges the number of annual leave days for the employee to be taken less than the number of annual leave days that should be taken, it shall pay the employee the salary and remuneration for the unused annual leave for the number of days of unused annual leave that should be taken by the employee in the current year, according to the daily wage of 300 of the employee's income, including the salary income paid by the employer to the employee during the normal working period. If an employer arranges for an employee to take annual leave, but the employee submits in writing not to take the annual leave due to his/her own reasons, the employer may only pay the employee's salary income during the normal working period.

Article 3 of the Regulations on Paid Annual Leave for Employees states that "if an employee has worked for 1 year but less than 10 years, he or she shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; 15 days of annual leave for those who have completed 20 years".National statutory holidays and holidays are not included in the annual salary holidays. Fourth, employees do not enjoy the annual salary of the current year under one of the following circumstances:

1) Employees enjoy a cold summer vacation in accordance with the law, and the number of vacation days is more than the annual salary (2) If the employee has taken more than 20 days of leave, the company does not deduct the salary according to the regulations; (3) Employees who have worked for less than 1 year and 10 years, employees who have taken sick leave for more than 2 months (4) Employees who have worked for less than 10 years and 20 years, employees who have worked for more than 3 months on sick leave (5) Employees who have worked for less than 20 years and employees who have taken sick leave for more than 4 months.

Article 3 of the Regulations on Paid Annual Leave for Employees.

If the employee has worked for 1 year but less than 10 years, he or she shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; 15 days of annual leave for those who have completed 20 years".National statutory holidays and rest days are not included in the annual leave. Article 4 Employees who have any of the following circumstances shall not be entitled to the annual leave of the current year:

1) Employees enjoy winter and summer vacations in accordance with the law, and the number of days of vacation exceeds the number of days of annual leave;

2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with regulations;

3) Employees who have worked for 1 year but less than 10 years and have taken sick leave for more than 2 months;

4) Employees who have worked for 10 years but less than 20 years and take sick leave for more than 3 months;

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

If the employee has worked for 1 year but less than 10 years, the annual leave shall be 5 days; 10 days of annual leave for those who have completed 10 years but are less than 20 years; If you have completed 20 years, you will have 15 days of annual leave.

Calculation of paid annual leave for employees: 5 days of annual leave if it has been 1 year but less than 10 years; If the letter has been written for 10 years but less than 20 years, the annual leave is 10 days; 15 days of annual leave for those who have completed 20 years".If the unit is unable to arrange for employees to take annual leave due to work needs, it may not arrange for employees to take annual leave with the consent of the employee himself.

For the number of days that an employee should take without leave, the employer shall pay the annual leave salary and remuneration according to 300% of the employee's daily wage income.

[Legal basis].Article 3 of the Regulations on Paid Annual Leave for Employees.

Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; 15 days of annual leave for those who have completed 20 years".

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

Or a 3-day holiday. 10 years is also 3 days.

Annual leave refers to the leave that is given to employees once a year. That is, employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, etc., who have worked continuously for more than one year, can enjoy paid annual leave. The employer shall ensure that the employee is entitled to annual leave.

On January 1, 2008, the Regulations on Paid Annual Leave for Employees came into effect, and the Regulations also pointed out that paid annual leave does not include relevant provisions such as national statutory holidays.

According to the length of service of state civil servants (agency staff), they are determined separately:

1) If the working time is 1 year but less than 5 years, the annual leave period is 3 days;

2) If the working time is 5 years but less than 10 years, the annual vacation period is 7 days; (3) Where they have participated in the work for 10 years but less than 20 years, the annual leave period is 10 days;

4) If the employee has worked for 20 years but less than 30 years, the annual leave period is 15 days;

5) Those who have participated in the working period for 30 years or more shall have a leave period of 20 days per year.

The above-mentioned personnel shall enjoy the corresponding annual leave from the following year after the working time has reached the prescribed number of years. Annual leave and leave shall be used up annually and shall not be used across years.

The calculation method of annual leave is determined according to the cumulative working hours of the employee: 1. If the working time of the employee is accumulated from one to ten years, the annual leave shall be 5 days; 2. If the cumulative working time is 10 years but less than 20 years, the annual leave is 10 days; 3. If the cumulative working time has been completed for 20 years, the annual leave of 15 days is simply granted. National statutory holidays and rest days are not included in the annual leave.

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, he or she shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; 15 days of annual leave for those who have completed 20 years".National statutory holidays and rest days are not included in the annual leave.

Article 3 of the Regulations on Paid Annual Leave for Employees states that "if an employee has worked for 1 year but less than 10 years, he or she shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years will be given 15 days of annual leave. National statutory holidays and rest days are not included in the annual leave.