What are the provisions of the Labor Law on annual leave compensation?

Updated on society 2024-02-26
4 answers
  1. Anonymous users2024-02-06

    Legal analysis: the number of annual leave days ranges from 5 to 15 days, and annual leave is the paid continuous leave for retained work that employees enjoy every year after working for a certain number of years as stipulated by law, and the specific leave time is stipulated by the state according to different types of work and the degree of heavy labor and the actual number of years of continuous work.

    Legal basis: Regulations on Paid Annual Leave for Employees

    Article 3 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; Those who have completed 20 years of leave will take 15 days of annual leave.

    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.

    Article 5 According to the specific situation of production and work, and considering the wishes of the employees, the unit shall make overall arrangements for the annual leave of employees.

    Annual leave can be arranged in a centralized manner within one year, or it can be arranged in stages, and generally not across years. If it is truly necessary for the unit to arrange annual leave for employees across years due to the characteristics of production and work, it may be arranged across one year.

  2. Anonymous users2024-02-05

    The standard of annual leave compensation stipulated in the Labor Law is that the employer shall pay the annual leave salary and remuneration according to 300% of the employee's daily wage income for the number of annual leave days that should be taken and not taken. Annual leave is a continuous leave of paid work that an employee enjoys every year after he or she has worked for a certain number of years as stipulated by law.

    Article 2 of the Regulations on Paid Annual Leave for Employees Employees shall enjoy paid annual leave (hereinafter referred to as annual leave) if they have worked continuously for more than one year in an organization, enterprise, public institution, private non-enterprise unit, individual industrial and commercial household with employees, etc. The employer shall ensure that the employee is entitled to annual leave. Employees are entitled to the same salary during the annual leave period as they would during normal work.

  3. Anonymous users2024-02-04

    The standard of annual leave compensation stipulated in the Labor Law is that for the number of days of annual leave that an employee should take but not taken, the employer shall pay the annual leave salary and remuneration according to 300% of the employee's daily wage income from rent and promotion. Annual leave is a paid and continuous leave for retained work that employees are entitled to every year after working for a certain number of years as stipulated by law.

    Legal basis. Article 10 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises.

    If the 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 less than the number of annual leave days that should be taken, the employer shall pay the employee 300% of the daily wage income for the unused annual leave in the current year, 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.

  4. Anonymous users2024-02-03

    Those who fail to take leave in accordance with the annual leave standard of the Labor Law shall be paid 300% of the daily wage income.

    Paid annual leave, referred to as annual leave, refers to the paid annual leave that employees can enjoy for a certain period of time after working continuously for more than one year. The annual leave compensation standard may vary in different regions, and it is recommended to refer to the relevant local laws, regulations and policies when operating in specific areas.

    Paid time off has some benefits for both employees and businesses, which are as follows:

    1. The physical and mental health of employees is guaranteed: paid leave can allow employees to get sufficient rest and relaxation, reduce work pressure, relieve physical and mental fatigue, and benefit the physical and mental health of employees;

    2. The enthusiasm and efficiency of employees are improved: appropriate rest can make employees better adjust their state, improve their work enthusiasm and efficiency, and better complete their work tasks;

    3. Employee satisfaction of the enterprise has been improved: providing employees with paid leave benefits can enhance employees' sense of belonging and satisfaction, and improve employees' loyalty and stability;

    To sum up, when implementing the paid leave system, enterprises should comply with relevant laws, regulations and policies, such as the Labor Law of the People's Republic of China, reasonably set vacation time and wage remuneration standards, and protect the legitimate rights and interests of employees.

    Legal basis.

    Article 10 of the Measures of the People's Republic of China for the Implementation of Paid Annual Leave for Employees of Enterprises.

    If the 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 less than the number of annual leave days that should be taken, the employer shall check the number of unused annual leave days for the employee during the current year, and pay the employee 300% of the employee's daily wage income for the unused annual leave, including the salary income paid by the employer to the employee during the normal working period.

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