How to calculate the annual leave after leaving the company?

1. What should I do if I have unused annual leave when I leave my job?

When an employee resigns from the employer, he or she must notify the employer in writing 30 days in advance. For unused annual leave, the employee may choose to take the annual leave before leaving the company. If the employer is unable to arrange annual leave, the employee may waive the unused annual leave with the consent of the employee, but the employee may request the employer to pay three times the salary of the annual leave.

Article 12 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises stipulates that when an employer dissolves or terminates a labor contract with an employee, if the employee is not arranged to take the annual leave in the current year, the number of days of unused annual leave shall be converted according to the employee's working time in the current year and the salary and remuneration for the unused annual leave shall be paid, but the part of the unused annual leave shall not be paid for the part less than one full day after conversion.

The conversion method of the preceding paragraph is as follows: (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.

2. Is there a year-end bonus after resignation?

According to the provisions of the Labor Law, the total wage refers to the total amount of labor remuneration paid directly to the employees of each unit within a certain period of time, which is composed of six parts: hourly wages, piecework wages, bonuses, allowances (or subsidies), overtime wages, and wages paid under special circumstances. Among them, the bonus refers to the excess labor remuneration paid to employees and the labor remuneration for increasing income and reducing expenditure, and the scope of production awards mainly includes overproduction awards, quality awards, year-end bonuses (labor dividends), etc.

Therefore, it can be referred to Article 50 of the Labor Law that the wages of the workers shall not be deducted or owed without reason, otherwise the labor administrative department shall order the payment of wages and economic compensation to the workers, and may also order the payment of compensation, which shall be punished as infringing on the legitimate rights and interests of the workers.

Generally, after one year of continuous service, you can enjoy the treatment of paid annual leave. At the beginning, the paid annual leave is 5 days, that is, the employee can apply for annual leave from the employer, and during the annual leave, the employer still needs to pay the corresponding labor remuneration. However, sometimes, because of some delays in work, resulting in the annual leave of the year has not been taken, at this time, you can ask for leave in time before the clearance, of course, if you can't arrange leave, you can also ask the unit to pay the corresponding salary.

Legal Analysis: When an employer dissolves or terminates a labor contract with an employee, if the employee is not arranged to take the annual leave after the employee has completed the annual leave, 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, but shall not pay the wages and remuneration for the unused annual leave for less than one full day after conversion.

Legal basis: "Regulations on Paid Annual Leave for Employees" Article 7 If a 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.

The departing employee's unfinished annual leave: If the employer arranges for you to take a vacation, if you do not take any leave due to personal reasons, it will be calculated according to double the salary, and if the employer does not arrange annual leave, it will be calculated according to three times the salary!

Legal basis: According to Article 5 of the National Paid Annual Leave, the unit shall make overall arrangements for the annual leave of employees 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 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.

Legal analysis: If the annual leave is not taken after resignation, the salary shall be converted according to the following formula: (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.

Legal basis: "Implementation Measures for Paid Annual Leave and Destruction of Leave for Enterprise Employees".

Article 12 When an employer dissolves or terminates a labor contract with an employee, if it fails to arrange for the employee 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 working hours of the employee in the current year, but the part less than one full day after conversion shall not be paid the wages and remuneration for the unused annual leave.

The conversion method stipulated in the former lead hunger allowance is as follows: (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.

If the employer has already arranged annual leave for employees in the current year, the number of days exceeding the annual leave that should be taken will not be deducted.

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Legal analysis: The calculation of unused annual leave after leaving service is as follows; "The number of days of unused annual leave shall be calculated according to the employee's working hours, and the salary of the employee shall be calculated according to 300% of the employee's daily wage income. According to the Regulations on Paid Annual Leave for Employees, if the employer is unable to arrange for the employee to take annual leave due to work needs, it may not arrange the employee to take annual leave with the consent of the employee himself, and the salary for the period of unused leave shall be paid in accordance with the above standards.

How to calculate the annual leave after leaving the company?

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Legal analysis: The calculation of unused annual leave after leaving service is as follows; "The number of days of unused annual leave shall be calculated according to the time the employee has worked on the job, and the salary of the employee who has not taken annual leave shall be calculated according to 300% of the daily salary income of the employee or the employee. According to the Regulations on Paid Annual Leave for Employees, if the employer is unable to arrange for the employee to take annual leave due to work needs, it may not arrange the employee to take annual leave with the consent of the employee himself, and the salary for the period of unused leave shall be paid in accordance with the above standards.

Legal basis: Article 3 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises shall enjoy paid annual leave if they have worked continuously for more than 12 months. That is, if an employee has worked continuously for 12 months, he or she is eligible for annual leave.

Article 4 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises shall be determined on the basis of the cumulative working hours of employees. Unlike the annual leave qualification, which is "continuous", the number of annual leave days is calculated as "cumulative". Article 3 of the "Paid Annual Leave for Employees" Article 3 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.

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