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It is enough to know the following points about paid annual leave.
1. The annual leave that employees can enjoy is based on the accumulated number of years of service.
In accordance with the provisions of Article 3 of the Regulations on Paid Annual Leave for Employees implemented on January 1, 2008Employees 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.
In other words, the paid annual leave that employees can enjoy is based on the cumulative number of years of service.
2. In these cases, even if the cumulative number of years of service is sufficient, the annual leave is not entitled.
The Leave Regulations also define who is not entitled to annual leave as follows:
Employees who have any of the following circumstances are not 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.
3. Does one year of cumulative work mean that one year of work in the same unit can be entitled to annual leave?
In reality, it is true that many units need to require them to work in their unit for one year before they can enjoy annual leave, which is actually not in line with the provisions of the national system.
Cumulative work for one year can enjoy annual leave, refers not to work in a company for one year, but after graduation as long as there is one year of work can enjoy annual leave, all the companies that require to work in the unit for one year to take annual leave are hooligans, can fight for their legitimate rights and interests.
Fourth, if you jump a few times in a year, is every unit able to enjoy annual leave?
There are many people who wonder if every unit can enjoy annual leave after changing jobs several times in a year?
This situation is also impossible, and there is also a clear system on this point, the employee who joins the employer and meets the annual leave policy stipulates that the number of annual leave days in the current year shall be converted according to the remaining calendar days in the unit, and the part that is less than one full day after conversion shall not be entitled to annual leave.
Therefore, if you change jobs, you can only convert the number of annual leave days by the number of days of attendance of the unit after the job change, not according to the full number of days of leave.
Knowing these 4 points, do you have a further understanding of the annual leave of employees, in the golden autumn season, let's take annual leave to travel, work hard, and play hard.
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Step 1: Number of paid annual leave days = (365 calendar days have passed in the current year) The number of annual leave days that the employee should enjoy throughout the year - the number of annual leave days that have been arranged in the current year.
Step 2: If the salary is less than 1 day after conversion, the salary and remuneration for unused annual leave will not be paid, and the number of days with new year leave will be rounded to the whole number.
Step 3: New Year's leave remuneration = the number of days after the integer of paid annual leave (average salary days in the previous 12 months).
For example, if an employee has worked for 11 years and terminates the labor contract with the employer on December 1, 2008, the monthly salary before the termination of the labor contract is 3,000 yuan.
1. (335 calendar days and 365 days have passed in the current year) The number of annual leave days that the employee should enjoy throughout the year is 10 days - the number of annual leave days that have been arranged in the current year 0 days = the number of paid annual leave days.
2. The number of days of paid annual leave for the calculation of labor remuneration after conversion is 9 days.
3. The number of days after the paid annual leave is rounded 9 days (the average salary in the first 12 months is 3,000 yuan) = the remuneration of the new year's leave.
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If an employee has worked for one year, the state has 5 days of annual leave. But how to put it and when to put it are all decided by the company. If you work for two years, you will have 6 days of annual leave, and so on, for each additional year, you will get an extra day of annual leave.
Although the state stipulates this, it is still difficult to implement it on individuals.
The company has the company's plan, the company's interests, and the company's system, so it will definitely not completely follow the state's system. Some companies have good performance, maybe the boss is happy and gives all employees a week's vacation with pay, which is not impossible, and there are many large companies that do this. When they complete a big case, they may give a week off, and the boss pays for everyone to travel abroad or something.
Like our current company, the boss is very interesting, and pays us new employees to have the opportunity to travel abroad with everyone, and to play is still paid, so I would like to thank the boss for this.
But some companies don't perform well, or the boss is the kind of person who oppresses the company's employees. Then don't think about annual leave. And you have to work overtime from time to time.
I used to be in the company in Shanghai. The boss always made us work overtime at night, and we were working on programming projects at that time, and if we found any serious bugs, we would have to deduct our wages. It's really tragic.
There is no reward for doing well, and wages will be deducted for doing badly, who can stick to it if you do it like this. So it didn't take long for one of our companies to resign and leave. He deducted 5 yuan because of a wrong word, and deducted him away.
One after another, the other one also left, and after that, me, UI, and Android were all gone. In the end, the company was left with the boss and two newcomers.
Therefore, when you are looking for a job, you must choose the right boss, follow that kind of magnanimous, open-minded boss will achieve great things, annual leave or something, it doesn't matter if you have it, do a good job, the boss will give it to you if you don't have it.
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The number of annual leave days is determined based on the employee's cumulative working hours.
The period during which an employee works in the same or different employers, as well as the period during which an employee is deemed to have worked in accordance with the law, administrative regulations or regulations, shall be counted as cumulative working hours.
The specific number of days is: if the employee has worked for 1 year but less than 10 years, the annual leave is 5 days;
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.
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If you have worked for 1 year but less than 10 years, you will have 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.
Article 2 of the Regulations on Paid Annual Leave for Employees stipulates that employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees and other units shall enjoy paid annual leave (hereinafter referred to as annual leave) if they have worked continuously for more than one year. 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.
Article 3 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; Those who have completed 20 years of leave will take 15 days of annual leave.
National statutory holidays and rest days are not in order, and the annual leave is included in the annual leave.
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The paid annual leave of Li Yu of the employee chain, if the cumulative work of the shed section has been completed for 1 year but less than 10 years, the annual leave will be disturbed for 5 days; 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. Employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, and other units who have worked continuously for more than one year are entitled to paid annual leave.
[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; 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.
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There are several days of paid annual leave for employees depending on the situation:
1. For paid annual leave for employees, 5 days of annual leave if they have worked for 1 year but less than 10 years;
2. If it has been 10 years but less than 20 years, the annual leave is 10 days;
3. Those who have completed 20 years will have 15 days of annual leave.
Paid annual leave refers to the right of an employee to work in a relevant unit for more than one year and enjoy a certain period of vacation in accordance with the law, and the employee still receives wages in accordance with the law. The length of an employee's vacation is related to the amount of time the employee has worked. When an employer dissolves or terminates a labor contract with an employee, if the employee fails to take the annual leave in the current year, it shall calculate the number of days of unused annual leave and pay the wages and remuneration for the unused annual leave according to the employee's working hours in the current year.
Regulations on Paid Annual Leave for Employees
Article 2. 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, are entitled to paid annual leave (hereinafter referred to as annual leave). 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.
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The provisions on paid annual leave do not come from the "Labor Law" or the "Labor Contract Law", but from the "Regulations on Paid Annual Leave for Employees" adopted at the 198th executive meeting on December 7, 2007 and implemented on January 1, 2008. The duration of paid annual leave is Article 3 of the Regulations on Paid Annual Leave for Employees, which states that "if an 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; 15 days of annual leave if 20 years have passed".
If you entered the factory in April 02 and have worked for 6 and 7 years respectively by the time of 08 and 09, you can enjoy five years of paid annual leave respectively according to the above regulations. In 08, the company did not arrange your leave, nor did it arrange the annual leave of employees in accordance with Article 5 of the Regulations on Paid Annual Leave for Employees, "the unit shall make overall arrangements for the annual leave of employees according to the specific conditions of production and work, and considering the wishes of the employees themselves."
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.
If the unit is unable to arrange for the employee to take annual leave due to work needs, it may not arrange for the employee to take annual leave with the consent of the employee himself. For the number of days of annual leave that the employee should take but not taken, the employer shall pay you 300% of the employee's daily wage income in accordance with the provisions of "300% of the employee's daily wage income", and pay you 300% of the daily salary income that should be obtained without taking leave, which itself has violated the above provisions, and when your labor contract is about to expire, you only agree to let you take 08 years but do not agree to you take 5 days of paid annual leave in 09 years, which violates the above provisions of the "Regulations on Paid Annual Leave for Employees".
You have the right to ask the factory to approve you to take 5 days of paid annual leave for 09 years, or pay you 300% of your daily wage. Otherwise, you can file a complaint with the local labor and social security inspection department to request intervention and punishment; It is also possible to file an arbitration application directly with the Labor Dispute Arbitration Commission, requesting that the factory be awarded 300% of the unused daily wage for annual leave.
It is obviously illegal to stipulate that employees with more than one year of paid annual leave are only entitled to five days of paid annual leave, and employees have the right to reasonably enjoy the paid annual leave they are entitled to in accordance with Article 3 of the Regulations on Paid Annual Leave for Employees.
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The number of days of paid annual leave is:
1. If the cumulative work has been completed for 1 year but less than 10 years, the annual leave is 5 days;
2. If it has been 10 years or more, if it has been 20 years, the annual leave will be 10 days;
3. If it has been 20 years, Huazhou annual leave is 15 days;
4. 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; 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.
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1. Calculated according to working hours. 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 annual leave shall be buried in the brochure for 15 days.
2. [Legal basis].
3. 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; If it has been 10 years but less than 20 years, the annual leave is 10 days; Those who have completed 20 years of leave will take 15 days of annual leave.
4. National statutory holidays and rest days are not included in the annual leave.
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