Can employees enjoy paid leave during the Spring Festival during the probation period?

Depending on the number of years you have worked, you can take paid time off if you have worked for one year. Years of service are counted from the time you join the job, not from the time you work for the unit.

So theoretically, you can take a vacation, but the employer doesn't know if you want to take a vacation.

Employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, and individual industrial and commercial households with employees who have worked in the same unit for more than one year are entitled to paid annual leave. The employer shall ensure that the employee is entitled to annual leave. over~

Theoretically, yes, but no boss would do that. If you tell him that if you can't do it, you'll have no job..

First of all, according to Article 19 of the Labor Contract Law of the People's Republic of China, if the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months. Please confirm that your trial period has expired.

If the expiration date, please sign an employment contract with the employer. After that, you can only ** the question of whether you can enjoy paid leave.

Secondly, according to 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 who have worked continuously for more than one year are entitled to paid annual leave. and the provisions of 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. Check if you're eligible for paid time off.

In addition, it is necessary to refer to other provisions of the Regulations on Paid Annual Leave for Employees. From a personal point of view, you want to take paid annual leave. Hard.

Legal Analysis: None. Employees who have worked continuously for more than 12 months are entitled to paid annual leave (hereinafter referred to as annual leave).

Article 5 Where the new department of employees is erected into 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 and determined 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. ”

Legal basis: Labor Contract Law of the People's Republic of China

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

Article 45 The State implements a paid annual leave system. Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.

Article 3 of the Labor Law clearly stipulates that workers have the right to rest and vacation. The relevant laws and regulations also make specific provisions on employee leave, and employees enjoy the same right to leave as employees who have completed the probationary period because they have established an employment relationship with the employer. Of course, some leave laws and regulations stipulate certain conditions, and employees can only enjoy the leave if they meet the conditions.

For example, employees who are entitled to annual leave are required to work continuously for at least one year (social work experience, and the number of years of work in each workplace can be accumulated).

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 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; 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 of the Regulations on Paid Annual Leave for Employees Employees shall not be entitled to the annual leave of the current year if they have any of the following circumstances:

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;(5) Employees who have worked for more than 20 years and have taken sick leave for more than 4 months.