Labor Law Regarding the issue of annual leave, what is the labor law about annual leave?

Article 2 of the Regulations on Paid Annual Leave for Employees 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 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 have taken 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. If the employer 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 should be taken by the employee, the employer shall pay the annual leave salary and remuneration according to 300% of the employee's daily wage income.

1. The issue of compensation for annual leave should be the annual leave that has not been taken in the previous year and has not been arranged in the next year, and monetary compensation can be claimed. Generally speaking, companies are not stupid enough to give you 300% of your salary, and most of them take paid leave before completing the resignation. In addition, if an employer dissolves or terminates a labor contract with an employee, if the employee fails to take the annual leave in the current year, the number of days of untaken annual leave shall be calculated according to the employee's working hours in the current year and the wages and remuneration for the untaken annual leave shall be paid, but the part less than one full day after conversion shall not be paid.

That is, the company will pay you a maximum of 3 times the daily wage for your unused annual leave.

2. It belongs to the internal regulations of the enterprise, and the regulations on paid leave for employees clearly stipulate that they have the right to paid leave after working in the unit for more than 1 year, and the standard of giving days for half a year is higher than the national regulations, and can be implemented in accordance with the internal standards of the enterprise.

3. There is no violation, the same as Article 1, personal leave can be deducted from all wages and related income on the day, and the enterprise has not deducted the work in accordance with the regulations. In fact, the annual leave can only be implemented if the enterprise clearly states that it is really necessary and cannot arrange it, or the enterprise refuses to arrange it without implementing the national law.

4. Statutory holidays include 11th, 5st, etc., which must be implemented with reference to not less than 300% salary compensation, and cannot be compensated. Saturdays and Sundays can be compensated or not less than 200% of the salary compensation.

About your question.

1. Because the enterprise standard is higher than the national standard and is implemented with reference to the enterprise standard, the annual leave issue you advocate may not be supported.

2. It belongs to the internal regulations of the enterprise and is not illegal.

3. You can choose paid leave, because the company has not refused to arrange leave or clearly stated that it cannot arrange leave, and you can claim the salary during the annual leave period when the company arranges annual leave.

How many days does the annual leave under the labor law provide?

Article 3 of the Regulations on Paid Annual Wages for Employees stipulates that if an employee has worked for less than 1 year or 10 years, the annual salary is 5 days, 10 years and less than 20 years, and the annual salary is 10 days for 20 years, and the annual salary is 15 days. National statutory holidays, holidays are not included in annual leave. Article 4.

Employees are not entitled to the annual salary of the current year under one of the following circumstances: (1) the employee enjoys a cold summer vacation in accordance with the law, and the number of vacation days is more than the annual salary (2) the employee has taken more than 20 days of leave, and the company does not deduct the salary in accordance with the regulations; (3) Employees who have worked for less than 1 year and 10 years, employees who have accumulated more than 2 months of sick leave (4) Employees who have worked for less than 10 years and 20 years, employees who have accumulated sick leave for more than 3 months (5) Employees who have worked for less than 20 years, and employees who have accumulated sick leave for more than 4 months.

Summary. Kiss <>

I am glad to answer for you, the labor law on annual leave: employees of government agencies, groups, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees and other units who have worked continuously for more than 1 year are entitled to paid annual leave. If the employee has worked for 1 year but less than 10 years, the annual leave shall be 5 days; If the employee has completed 10 years but is less than 20 years, the annual leave shall be 10 days; If the employee has completed 20 years, the annual leave is 15 days.

What does the labor law say about annual leave?

Kiss <>

I am glad to answer for you, the labor law on annual leave: employees of government agencies, groups, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, etc., who have worked continuously for more than 1 year, enjoy paid annual leave. If the employee has worked for 1 year but less than 10 years, the annual leave shall be 5 days; If it has been 10 years but less than 20 years, the annual leave is 10 days; If the employee has completed 20 years, the annual leave is 15 days.

Legal basis: Article 5 of the Regulations on Paid Annual Leave for Employees According to the specific situation of production and work, and considering the wishes of the employees, the annual leave of employees shall be arranged as a whole. 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 may arrange it across one year, and if the unit is able to arrange annual leave for employees due to work needs, it may not arrange for employees to take annual leave with the consent of the employees themselves.

The employer shall, with the consent of the employee, not arrange annual leave or arrange less than the number of annual leave days to be taken, shall pay the employee 300% of the daily wage income for the number of days of unused annual leave in the current year;