How is annual leave calculated, and how is annual leave calculated

The calculation method of the company's annual leave is: (365 calendar days remaining in the current year) The number of annual leave days that the employee should enjoy throughout the year.

Regulations on Paid Annual Leave for Employees.

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.

Article 4. Employees who have any of the following circumstances are not entitled to the annual leave of the current year:

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;

3) Employees who have worked for 1 year but less than 10 years and have taken sick leave for more than 2 months;

4) Employees who have worked for 10 years but less than 20 years and take sick leave for more than 3 months;

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

If the cumulative work is one year but less than 10 years, the annual leave is 5 days, if the total number of years has been 10 years but less than 20 years, the annual leave is 10 days, and if the total number of years has been 20 years, the annual leave is 15 days. In your case, it seems that you have not met the conditions for one year in your employment, and this depends on the management of the unit. It's really not good, it's a big deal to stick to it for a period of time, and when the one-year deadline is met, it's easy to do.

Annual leave should be a company regulation, and this should have little to do with your employment time.

Legal analysis: Calculation method of annual leave: 5 days of annual leave if the cumulative work has been completed for 1 year but less than 10 years; 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.

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 that an employee should take without leave, the annual leave salary shall be paid according to 300% of the employee's daily wage income.

Legal basis: "Regulations on 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; If it has been 10 years but less than 20 years, it will take 10 days of leave for annual deficit; 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.

The detailed calculation of annual leave is as follows:

Calculation method of annual leave: if the employee has worked for 1 year but less than 10 years, he or she will 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. The number of annual leave days is determined based on the employee's cumulative working hours.

The period during which an employee works in the same or different employers, as well as the period during which it is deemed to work in accordance with laws, administrative regulations or regulations, shall be counted as cumulative working hours.

The conversion method of annual leave is: (365 calendar days remaining in the current year) The number of annual leave days that the employee should enjoy throughout the year.

Other Notes

If an employee joins a new employer and has worked for less than 12 consecutive months before joining the new employer, the number of annual leave days of the current year at the new employer shall be calculated according to the remaining calendar days in the new employer, and the part that does not permeate the book for one full day after conversion shall not be entitled to annual leave. In addition, national statutory holidays and rest days are not counted as annual leave.

The family leave, marriage and funeral leave, maternity leave and other holidays stipulated by the state and the period of suspension of work due to work-related injuries shall not be included in the annual leave. If the number of winter and summer vacation days enjoyed by the employee exceeds the number of annual leave days, he or she shall not be entitled to the annual leave of the current year. If the number of winter and summer vacation days enjoyed by the employee is less than the number of annual leave days due to work needs, the employer shall arrange for the number of annual leave days to be made up.

According to the relevant laws and regulations, the answer to "how to calculate the annual leave of employees" is as follows: on the question of how to calculate the annual leave, according to Article 5 of the "Implementation Measures for Paid Annual Leave for Employees of Enterprises", "if the employee is a new employer and meets the provisions of Article 3 of these Measures, the number of annual leave days in the current year shall be converted and determined according to the remaining calendar days in the unit, and the part less than one full day after conversion shall not enjoy the annual leave." The conversion method provided for in the preceding paragraph is:

The remaining number of days in the unit in the current year is 365 days) The number of annual leave days that the employee should enjoy throughout the year", if you complete one year on August 5, 11, the number of days of annual leave with pay is 148 days in 2011, including 365 days 5 = days, that is, you can take 2 days off. In FY2012, you can take 5 days of paid annual leave.

Article 3 of the Regulations on Paid Annual Leave for Employees stipulates that if an employee has worked for one 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 3 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises Employees shall enjoy paid annual leave (hereinafter referred to as annual leave) if they have worked continuously for more than 12 months. So what are the calculation methods of annual leave, and what should be paid attention to in the calculation of annual leave?

Let's find the legal network for you to introduce.

First of all, 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.

Secondly, 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.

Note that the number of years of work here is not the number of years of work for the current enterprise, but the number of years of participation in social work.

At this point, when the enterprise is implemented, there is a problem, that is, how to provide evidence during working hours, and the personal files are kept in the enterprise, which is easy to do, and can be queried directly from the files, but for those workers who do not pay much attention to the management of personal files, it is troublesome to provide evidence.

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.

For example, if a person has worked for a total of 7 years and can take 5 days of annual leave, and the person enters the new company on May 14, 2007, the employee's annual leave in 2007 is taken in the original company before May 14, 2007, after May 14, 2007 in the new company, and 5 days of annual leave in 2008 are taken in the new company.

The number of days of annual leave taken in the new company in 2007 shall be calculated as follows in accordance with the provisions of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises:

The remaining calendar days after May 14 of the year are 231 days.

2. Use 231 365=

3. The number of days this person should take is 5 days.

4. The part less than 1 full day is not entitled to annual leave.

As a result, the number of days of annual leave that the person was expected to take in the new company in 2007 was: 3 days.

Seventh, when you leave your job, the annual leave can be paid according to the normal daily wage standard, in fact, that is to say, the company allows you to take the leave you should take in the form of salary. At the time of resignation, if the employee has worked for less than one full year, the number of annual leave days shall be calculated in the same article as above.

Legal analysis: The annual leave is calculated according to the length of service of the employee, and if the length of service is changed to more than 1 year and less than 10 years, he can enjoy 5 days of annual leave. Those who have worked for more than 10 years and less than 20 years are entitled to 10 days of annual leave.

Those who have worked for more than 20 years are entitled to 15 days of annual leave.

Legal basis: Article 3 of the Regulations on Paid Annual Leave for Employees Employees shall take 5 days of annual leave if the employee has worked for 1 year but less than 10 years; 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: 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 holidays are not included in the annual leave.

Legal basis: Regulations on Paid Annual Leave for Employees

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; If you have completed 20 years, Tu Hui will take 15 days of annual leave.

The number of empty days and rest days of national statutory leave are not included in the annual leave.

Calculation method of annual leave: if the employee has worked for 1 year but less than 10 years, the annual leave shall be changed to 5 days; 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 of the Honorific Department.

Legal basis] Article 3 of the Regulations on Paid Annual Leave for Employees provides that 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.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.