How to compensate for unused annual leave after resignation, and how to compensate for unused annual

The unused annual leave of the dismissed employee shall be calculated according to the number of days of unused annual leave * remuneration, as follows: remuneration for unused annual leave. If the 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 pay the employee 300% of the daily wage income for the number of days of unused annual leave that the employee should take 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. The number of days of unused annual leave. Article 12:

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. The conversion method stipulated in the preceding paragraph is as follows: (365 calendar days have passed in the current year in the unit) 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.

Article 10 of the Measures of the People's Republic of China for the Implementation of Paid Annual Leave for Employees of Enterprises: If 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, it shall pay the employee 300% of the daily wage income for the unused annual leave in the current year, including the salary income paid by the employer to the employee during the normal working period. Article 12:

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. The conversion method stipulated in the preceding paragraph is as follows: (365 calendar days have passed in the current year in the unit) 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.

If the annual leave is not taken, the company can make up the salary for the unused part.

According to Article 12 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises: 1. When the employer dissolves or terminates the labor contract with the employee, if the employee is not arranged to take the annual leave in the current year, the number of days of untaken annual leave shall be calculated according to the working hours of the employee in the current year and the wages and remuneration for the untaken 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.

2. The conversion method is: (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.

Li Jinhua added that if the employer has arranged annual leave for employees in the current year, more than the number of days that should be taken will not be deducted.

3. If the 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 pay the employee 300% of the daily wage income for the unused annual leave in the current year, including the salary income paid by the employer to the employee during the normal working period.

Article 12 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises stipulates that: 1. When the employer dissolves or terminates the labor contract with the 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 calculated according to the working time of the employee in the current year and the wages 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 that is less than one full day after conversion.

2. The conversion method is: (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.

Li Jinhua added that if the employer has arranged annual leave for employees in the current year, more than the number of days that should be taken will not be deducted.

3. If the 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 pay the employee 300% of the daily wage income for the unused annual leave in the current year, including the salary income paid by the employer to the employee during the normal working period.

Legal analysis: The premise of an employee's request for annual leave compensation is that the employee is not arranged to take annual leave due to work reasons, and if the employee voluntarily requests not to take annual leave due to the employee's own reasons, the employee cannot claim the annual leave compensation of the unit; The annual leave compensation is 300% of the employee's daily wage. If the employee fails to reach an agreement with the employer on the issue of annual leave compensation, the employee may apply to the Labor Dispute Arbitration Commission for labor arbitration to protect his rights.

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 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.

We know that there will be annual leave after working for a year, but sometimes employees have not had time to take annual leave and choose to resign, then this situation should be compensated, many people do not understand, let the legal express bring you the relevant content of how to compensate for the unused leave of resignation, let's take a look.

We know that there will be annual leave after working for a year, but sometimes employees have not had time to take annual leave and choose to resign, then this situation should be compensated, many people do not understand, let the legal express bring you the relevant content of how to compensate for the unused leave of resignation, let's take a look.

1. How to compensate for the unused leave after resignation.

According to the relevant laws of China, if the employer does not arrange the employee to take annual leave, and the employee has not taken the annual leave after leaving the company, the employee can claim economic compensation.

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 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.

2. How long does it take for the salary to be settled after resignation.

The Labor Law does not stipulate how long it takes for the wages to be settled after resignation, but the Interim Provisions on Payment of Wages stipulate that the employer shall pay the employee's wages in a lump sum when the employment contract is terminated or terminated. If the employer refuses to settle the settlement, it may apply for labor arbitration.

3. How to deal with arrears of wages after resignation.

After resignation, if the employer is in arrears of wages, the employee can take the following measures to protect his or her rights:

1. Application for mediation: After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation.

2. Application for arbitration: If mediation fails, if one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration.

3. Filing a lawsuit: If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

When an employer dissolves or terminates a labor contract with an employee, if it does not arrange for the employee to take the full annual leave in the current year, it shall calculate the number of days of annual leave that should be taken and the number of days that the employee has not taken in the current year and pay the wages and remuneration for the unused annual leave, but the part of the unused annual leave that is less than one full day after conversion shall not be paid.

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 fails to take the annual leave in the current year, the number of days of unused annual leave shall be calculated according to the employee's working hours in the current year and the wages and remuneration for the untaken annual leave shall be paid.

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.

1. How to calculate the unfinished annual leave.

The situation of unused annual leave is stipulated as follows: "If the unit is unable to arrange for Li Pengheng's 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 of annual leave that should be taken but not taken, the employer shall pay the annual leave salary and remuneration according to 300% of the employee's daily wage income.

This clause indicates the following two meanings:

1. If the annual leave cannot be used, it is not only the decision of the unit, but also the consent of the employee 2. The unused annual leave needs to be paid three times the salary.

Therefore, with the consent of the employee, the employer can give the unused annual leave to the employee by discounting the money. However, it should be noted that the standard for discounting money is to give 3 times the salary. Considering that the normal double salary has been paid, it is enough to pay 2 times the salary in the specific operation.

2. Is there any annual leave during the probationary period?

1. There is no annual leave during the probation period, and if you want to enjoy the treatment of annual leave, you must work in the enterprise for more than one year to enjoy it.

2. According to Article 3 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises, employees who have worked continuously for more than 12 months are entitled to paid annual leave (hereinafter referred to as annual leave). Article 5 If an employee joins an employer and meets the requirements of Article 3 of these Measures, the number of days of annual leave in the current year shall be determined according to the number of 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.

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 fails to arrange for the employee to take the annual leave in the current year, the employee shall be paid the wages and remuneration for the unused annual leave according to the working hours of the employee in the current year, but the part of the unused annual leave that is less than one full day after conversion shall not be paid.