How to deal with the unused annual leave of the employee

If the employee is not arranged to take the annual leave in the current year at the time of resignation, 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 that is less than one full day after conversion shall not be paid. Enterprises, private non-enterprise units, individual industrial and commercial households with employees within the territory of the People's Republic of China, and employees who have established labor relations with them and who have worked continuously for more than 12 months are entitled to paid annual leave. This is the legitimate rights and interests of employees, which are protected and cannot be violated.

1. Can compensatory leave replace annual leave?

1. National statutory holidays are for all citizens, and paid annual leave is only enjoyed by workers; However, both are rest days granted to workers by law, and both are mandatory. Workers can take a concentrated leave within one year, or they can be arranged in stages, generally not across years, only in rare cases can they take a break across the year, but only across one year, and can not be saved up for centralized leave;

2. For paid annual leave, unless the employee agrees, the employer may occupy the annual leave time, but according to the provisions of the state, the employer shall pay the daily remuneration at the rate of three times the employee's daily wage income as compensation for the annual leave, and cannot be replaced by "compensatory leave" afterwards. "Incentive tour" is closer to the welfare of the unit, which is arranged by the unit, and there is no more if you do not enjoy it, while the annual leave is controlled by the employee independently, which is the core of the right to rest, so the "incentive tour" cannot replace the annual leave.

Legal basis: Article 12 of the Implementation Measures for Paid Annual Leave for Employees of Enterprises.

When an employer dissolves or terminates a labor contract with an employee, if the employee fails to take the full 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 employee's working hours in the current year, but shall not pay the wages and remuneration for the part of the unused annual leave that is less than one full day after conversion.

In addition to the employee's unilateral termination of the labor contract 30 days in advance, the employer may arrange leave for the employee during the advance notice period; In the case of other dismissals or terminations, if the employer fails to arrange the annual leave of the current year due to its own reasons, the employer shall pay the employee the wages and remuneration for the unused annual leave of the current year. 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. 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, the employee is not arranged to take the annual leave in the current year; The number of days of unused annual leave shall be calculated according to the working hours of the employee in the current year, and the wages and remuneration for the unused annual leave shall be paid, but the wages and remuneration for the unused annual leave shall not be paid for the part less than one full day after conversion.

The conversion method 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. Legal basis: Article 45 of the Labor Law stipulates that 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 ***.

When an employer dissolves or terminates a labor contract with an employee, if it fails to arrange for the employee to take the full 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.

Annual leave refers to the period of leave given to employees once a year. That is, 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, can enjoy paid annual leave. The employer shall ensure that the employee is entitled to annual leave.

The employer shall pay 300% of the employee's daily salary and remuneration for the number of days that the employee should take without leave. 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.

Legal basis

Measures for the Implementation of Paid Annual Leave for Employees of Enterprises

Article 3 Employees who have worked continuously for more than 12 months shall be entitled to paid annual leave (hereinafter referred to as annual leave).

Article 5 Where an employee joins the employer for the new employee and meets the requirements of Article 3 of these Measures, 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.

The conversion method provided for in the preceding paragraph is: (365 calendar days remaining in the unit in the current year) The number of annual leave days that the employee shall enjoy throughout the year.

Legal analysis: According to the relevant laws of China, if the employer does not arrange for the employee to take annual leave or the employee has unused annual leave after resignation, the employee can claim economic compensation. At the same time, China's law also stipulates that compensation for overtime work on statutory holidays and weekends is provided.

Legal basis: Article 5 of the Regulations on Paid Annual Leave for Employees 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.

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.

Legal analysis: 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 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 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 reached the age of 20 years shall take 15 days of annual leave. National statutory holidays and rest days are not included in the annual leave.