How to calculate wages for less than one year of labor law annual leave

It can be handled according to the "Implementation Measures for Paid Annual Leave for Enterprise Employees".

1. Article 3 of the Measures: Employees who have worked continuously for more than 12 months are entitled to paid annual leave. This article defines the conditions for the realization of the "rights" of annual leave for employees, that is, employees can take annual leave only if they have worked continuously for more than 12 months.

2. Article 4 of the Measures: The number of annual leave days shall be determined according to the cumulative working hours of employees. The period during which an employee works in the same or different employers, as well as the period during which an employee works in the same period in accordance with laws, administrative regulations or regulations, shall be counted as cumulative working hours.

This article explains the basis for determining the content (or standard) of the employee's leave rights, that is, the employee's cumulative working hours. In conjunction with the Regulations on Paid Annual Leave for Employees (hereinafter referred to as the "Regulations"). The third article:

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; If 20 years have passed, the provision of 15 days of annual leave can be understood as defining the "standard" for employees to enjoy annual leave.

3. Article 5 of the Measures: If an employee joins the employer and meets the provisions of Article 3 of these Measures, the number of annual leave days in the current year shall be calculated according to the remaining calendar days in the unit, and the part that is less than 1 full day after conversion shall not be entitled to annual leave.

Therefore, if the employee is less than one year old in the new employer, the specific conversion method is: (365 calendar days remaining in the unit in the current year) The number of annual leave days that the employee should enjoy throughout the year.

Annual leave is not available for less than one year. The salary is based on 22 days, one day of work on weekends is worth two days' wages on weekdays, one day on New Year's Day, normal wages are paid for rest, and three times for overtime.

I didn't understand much of what you were saying.

1. Does the paid period you mentioned include statutory holidays?

2. What do you mean by you enjoying seven days? On what basis?

3. The state stipulates that only those who have worked for more than one year can enjoy five days of leave.

You check it off and see if the company is reasonable.

The annual salary leave labor law stipulates that only after one year of work can there be 5 days, but the Spring Festival, New Year's Day, National Day and other statutory leave have nothing to do with the length of service, I don't know what you expressed, and I can only give a general explanation of the aspects you mentioned:

Generally speaking, Monday to Friday is the main shift, 8 hours a day, and the excess is overtime, and the overtime is generally not more than 36 hours per month; Saturday and Sunday work is double pay, statutory holidays are paid leave, and overtime pay is three times the salary (the calculation standard is: basic salary, ordinary overtime, Saturday and Sunday x2, legal holidays x3).

Legal Analysis: Formulas.

1. The annual leave of the current year for new employees who are eligible for leave = (the remaining calendar days of the current year 365) The number of days that should be enjoyed throughout the year; Formula.

2. Annual leave at the time of resignation = (365 calendar days have elapsed in the current year) Number of days to be enjoyed in the whole year Number of days taken in the current year; Formula.

3. Remuneration for not arranging statutory annual leave = average monthly salary excluding overtime pay in the previous 12 months and the number of days to be taken.

Legal basis: 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; If you have completed 10 years but are less than 20 years, you will get 10 days of annual leave; 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.

Generally, the company will not give annual leave if you have worked for less than one year. 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.

Formula. 1. Annual leave of the current year for new employees who are eligible for leave = (365 calendar days remaining in the current year) The number of days that should be enjoyed throughout the year.

Formula. 2. Annual leave at the time of resignation = (365 calendar days have elapsed in the current year) Number of days to be enjoyed in the whole year Number of days taken in the current year;

Formula. 3. Remuneration for not arranging statutory annual leave = average monthly salary excluding overtime pay in the previous 12 months and the number of days to be taken.

2. Provisions on annual leave.

First, the Measures apply to all units such as enterprises, private non-enterprise units, and individual industrial and commercial households with employees (hereinafter referred to as "employers") and employees who have established labor relations with them.

Second, employees who have worked for the company for 12 months are entitled to the benefits of annual leave.

Third, the calculation of the number of annual leave days is based on the number of years of service, and if the employee has worked for more than 1 year but less than 10 years, he can take 5 days of annual leave; Those who have worked for 10 years but less than 20 years can take 10 days of annual leave; 15 days off for more than 20 years.

Fourth, the unused annual leave, unless the employee voluntarily applies in writing, shall be paid at three times the daily wage.

Fifth, those who take winter and summer vacations, sick leave, and personal leave for more than a certain period of time, and the employer does not deduct their wages, cannot take annual leave.

Sixth, the annual leave shall be taken from the New Year's Day of the previous year, but for employees who are less than a full year, the number of days off of annual leave shall be determined according to the remaining calendar days in the unit, and the part of less than one full day after conversion shall not be entitled to annual leave.

3. What are the supervision mechanisms for annual leave?

The Regulations on Paid Annual Leave for Employees stipulate three aspects of the supervision mechanism for annual leave:

First, the local people's personnel departments and labor and social security departments at or above the county level shall, in accordance with their authority, take the initiative to supervise and inspect the implementation of these Regulations by units.

Second, trade union organizations safeguard employees' annual leave rights in accordance with the law.

Third, if the unit does not arrange for employees to take annual leave and does not give annual leave wages and remuneration in accordance with the provisions of these Regulations, the local people's personnel department or labor and social security department at or above the county level shall order it to make corrections within a time limit according to its authority; If the correction is not made within the time limit, in addition to ordering the unit to pay the annual leave salary, the unit shall also pay additional compensation to the employee according to the amount of the annual leave salary and remuneration; For those who refuse to pay annual leave salaries, remunerations, and compensation, and belong to the units of civil servants and personnel managed with reference to the Civil Servants Law, the directly responsible managers and other directly responsible personnel shall be punished in accordance with law; If it belongs to another unit, the labor and social security department, personnel department, or employee shall apply to the people's court for compulsory enforcement.

Legal basisArticle 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.

Legal Analysis: Divide the actual number of working days by 365 and multiply by 5. How annual leave is calculated:

1. Those who have worked for 1 year but less than 10 years can enjoy 5 days of annual leave; 2. Those who have worked continuously for 10 years but less than 20 years can enjoy 10 days of annual leave; 3. Those who have worked continuously for 20 years can enjoy 15 days of annual leave.

Legal basis: Regulations on Paid Annual Leave for Employees

Article 2 Employees of government organs, 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.

Annual leave is available after one year of cumulative service. If you can enjoy 5 days of paid leave from the day you join the company to the end of the two-year contract period after signing the contract for one year, for example, if you enter the company on May 1, 2006 and the contract date is from August 1, 2006 to July 31, 2008, then you can enjoy paid leave from May 1, 2007 to July 31, 2008.

It is the legal right of every worker to take annual leave, but there are still many people who do not know how to calculate annual leave. Below I have sorted out the relevant knowledge of how to calculate the number of annual leave days in less than one year, I hope you will read it carefully and learn how to calculate the number of annual leave days, which will help workers protect their legitimate rights and interests.

1. How to calculate the number of annual leave days less than 1 year

You cannot take annual leave if you have been employed for less than one year, and you can take annual leave only after one year of employment. The number of annual leave days in the current year shall be determined according to the conversion of 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.

How annual leave is calculated:

1. Those who have worked for 1 year but less than 10 years can enjoy 5 days of annual leave;

2. Those who have worked continuously for 10 years but less than 20 years can enjoy 10 days of annual leave;

3. Those who have worked continuously for 20 years can enjoy 15 days of annual leave.

It should be noted that if the employer is unable to arrange annual leave, the overtime pay shall be calculated as triple as the statutory holiday.

2. Relevant provisions of the Regulations on Paid Annual Leave for Employees

Article 2: Employees of government agencies, organizations, enterprises, public institutions, private non-limb enterprises, individual industrial and commercial households with employees and other units who have worked continuously for more than one year shall enjoy 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.

Article 3: Employees who have worked for 1 year but less than 10 years shall have 5 days of annual leave; Those who have been hungry for 10 years but less than 20 years shall take 10 days of annual leave; 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.

I hope to understand the knowledge of annual leave calculation by reading the above articles, but the relevant provisions of annual leave in daily life are generally reflected in the labor contract, and I hope that the employee will read it carefully when signing the labor contract. If you have more legal questions about annual leave, please enquire.