Regarding the compensation for annual leave, the statutory annual leave compensation standard

After the expiration of the employment contract, if the employment contract is not renewed due to unilateral reasons of the company, you can claim one month of severance from the company for each year of service. In addition, if you have uncompleted annual leave, you can claim compensation from the company. Article 10 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises Article 10 If an employer does not arrange annual leave with the consent of the employee or arranges 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 number of days of unused annual leave that should be taken during 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.

Wages refer to the remuneration paid by the employer to the employee in the form of money in accordance with the relevant provisions of the state and the agreement between the two parties to the labor relationship. Such as monthly salary, quarterly bonus, semi-annual bonus, year-end bonus. However, the following expenses borne by the employer or paid to the employee in accordance with the provisions of laws, regulations and rules are not wages:

1) Social insurance premiums; (2) Labor protection fees; (3) welfare expenses; (4) One-time compensation paid by the employer when the employee terminates the labor relationship; (5) family planning expenses; (6) Other expenses that are not wages.

It can be seen from this that the wages we often talk about are mainly based on the money that actually reaches the hands of workers, including bonuses, basic wages, and various remunerations. That is, the actual salary.

Hello, you can ask for it. If it helps, good luck.

The compensation standard for statutory annual leave shall be paid at 300%.

Annual leave refers to the leave that is given to employees once a year. The employer shall ensure that the employee is entitled to annual leave.

There are several types of annual leave:

1. Time difference. If the employee has worked for 1 year but less than 10 years, he or she shall take 5 days of annual leave. If the employee has completed 10 years but is less than 20 years, the annual leave is 10 days. 15 days of annual leave for those who have completed 20 years;

2. Differences in nature. Statutory annual leave is directly stipulated by law and is mandatory, it is the minimum standard that enterprises must implement, and it has the nature of the Labor Standards Law, just like the minimum wage standard system. For those who have not taken the statutory annual leave, the employer shall compensate them in accordance with the statutory standards, unless the employee voluntarily gives up it.

Different from statutory annual leave, welfare annual leave is essentially a kind of welfare given by the employer to the employee, which is related to laborLaws and RegulationsThere is no mandatory provision, and the employee cannot claim compensation on the grounds that he or she does not have welfare annual leave;

3. Autonomy differences. If the number of days of annual leave or the wages and remuneration for unused annual leave stipulated in the labor contract or collective contract or the rules and regulations for the employer is higher than the statutory standard, the employer shall implement it in accordance with the relevant agreements or regulations. Judging from the provisions, for the part of the enterprise welfare annual leave that exceeds the statutory standard, the employee can enjoy it under what circumstances, under what circumstances it cannot enjoy it, and how to enjoy it, the enterprise can decide independently, and the employer can stipulate in the form of rules and regulations whether to compensate for the untaken annual leave of the company that exceeds the statutory standard;

4. New Year's Eve carryover. If the employer is unable to arrange annual leave for employees or arrange annual leave across one year due to work needs, it shall obtain the consent of the employees themselves. According to this provision, in principle, annual leave should be arranged within the same year, and under special circumstances, the employer may also arrange it across years if it is really necessary for work.

Legal basis

Regulations on Paid Annual Leave for Employees

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 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 employees themselves. 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 analysis: According to the provisions of the relevant laws of China, if the unit is unable to arrange the annual leave of the employee due to work needs, the employee may not be arranged to take the 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.

Legal basis: 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, 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 their normal working period.

Article 3 Employees who have worked for one year but less than 10 years shall take 5 days of annual leave;If the employee has completed 10 years but is less than 20 years, the annual leave is 10 days. 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.

Legal analysis: According to the provisions of the relevant laws, if the employer is unable to arrange the annual leave of the employee due to work needs, it may not arrange the annual leave of the employee with the consent of the employee himself. For the number of days of annual leave that the employee should have taken but not taken, the employer shall pay the annual leave salary and remuneration at the rate of 300% of the employee's daily blind salary income.

Legal basis: "Implementation Measures for Paid Annual Leave for Staff of Organs and Public Institutions" Article 7 Where organs and public institutions do not arrange annual leave for staff due to work needs, they shall solicit the opinions of the staff members themselves. Organs and public institutions shall pay their staff members annual leave wages and remuneration based on the number of days of annual leave that they should have taken.

The standard of payment of annual leave salary and remuneration is: for every day that should be taken and not taken, 300% of the daily wage income of the year in which the employee should take the annual leave, including the salary income of the staff and attendants during the normal working period. In addition to the salary income during the normal working period, the remaining part of the annual leave salary and remuneration of the staff shall be paid by the unit in a lump sum in the first quarter of the following year, and the required funds shall be solved according to the current funding channels.

Units that implement the unified payment of wages shall be included in the unified payment of wages.

Legal analysis: If an employer does not arrange annual leave with the consent of the employee or arranges 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 number of unused annual leave days 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 and leave together, but the employee submits in writing that he or she does not take the annual leave due to his own reasons, the employer may only pay the employee's salary income during the normal working period.

Legal basis: "Implementation Measures for Paid Annual Leave for Employees of Enterprises".

Article 9 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.

Article 10 Where 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 less than the number of annual leave days that should be taken, the employer shall, within the current year, 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.

If an employer arranges for an employee to take annual leave, but the employee submits in writing that he or she will not 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 11 The daily wage income for calculating the wages and remuneration for unused annual trousers and leave shall be converted according to the monthly salary of the employee divided by the number of monthly salary days (days).

The term "monthly wage" as used in the preceding paragraph refers to the average monthly wage of an employee in the 12 months prior to the employer paying him or her wages for unused annual leave, excluding overtime wages. If the working time of the employer is less than 12 months, the average monthly salary shall be calculated according to the actual month.

Employees are entitled to the same salary during the annual leave period as they would during normal work. For employees who are subject to piecework wages, commission wages or other performance-based wage systems, the calculation and payment of daily wage income shall be implemented in accordance with the provisions of paragraphs 1 and 2 of this article.