What is the annual leave law? How to compensate for the company s layoffs if the annual leave is not

Introduction: The longer an employee works in his or her job, the longer the annual leave he or she gets. Many people want to relax after a long time at work, so they will choose annual leave, because this time is relatively long, and they can adjust their state well.

Do you know what the annual leave law says? Let me take you to find out today.

The first thing to note is that the national statutory rest days and holidays are not included in the annual leave. If you have been in this job for a year, but the annual leave for less than 10 years is 5 days for 10 years, but the annual leave for less than 20 years is 10 days. If you have 15 days of annual leave after 20 years, in fact, this vacation time is not short.

When you feel that you are not in a good state, or when you are in a hurry, you can choose to take annual leave.

Annual leave can basically be arranged in a centralized manner within a year, and can be arranged in sections, but it should be arranged according to the characteristics of the unit, and secondly, annual leave needs to be agreed by the employee himself. If the company lays off employees without taking the annual leave, the employer can require the employer to pay 300% of the employee's daily wage. If the employer does not pay the boyfriend, he can ask for legal help.

It is necessary to distinguish the difference between annual leave and annual leave, annual leave is basically decided by the enterprise itself, and the leave benefits given to employees can be given or not. However, on the basis of statutory holidays or other foundations, such as the traditional festival Spring Festival, the holiday time should be extended. As for annual leave, it is mainly determined based on the cumulative length of time you have worked in your current position.

If you want to get longer annual leave, then you need to work hard in your job and don't change jobs at will, otherwise the accumulated hours will be written off.

The stipulations in it are that employees can enjoy leave at this time, and at this time they also need to pay wages to employees, and the company will also need to compensate according to wages if the annual leave is not completed.

If the annual leave of the employee is not taken and the company lays off the employee, the employer shall pay the annual leave salary and remuneration according to 300% of the employee's daily wage income.

Every company is required by law to give its employees annual leave. The company will cash out the annual leave and then compensate the employee, and the compensation will be doubled.

Legal analysis: When an enterprise lays off employees, if an employee has untaken paid annual leave, the enterprise should compensate the laid-off employee who has not taken the annual leave. 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 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.

The company should pay three times the salary for the unused annual leave of the redundancy.

Under normal circumstances, if it is unused annual leave, the employer should give appropriate compensation, which is completely reasonable and legal. If the employee is not dismissed due to no fault of the employee.

If the company lays off employees who have not taken annual leave in the current year, the wages of the unused annual leave shall be calculated according to the time that the employee has worked in the current year, and the wages of the unused annual leave shall be paid, but the wages of the unused annual leave shall not be paid for the part of the whole day after conversion. The conversion method specified in 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.

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

If the company lays off employees and does not take leave, the unit should compensate you, and it is normal to calculate it for you according to the overtime pay, and if you don't calculate it, you can first apply for arbitration from the labor department.

It is definitely required according to the provisions of the labor law.

If the company lays off employees and does not take annual leave, should the employer compensate? If the company lays off employees normally, the employer will not compensate for the annual leave or annual leave.

If you work in this unit, but there is no rest in the annual leave of the year, I think this unit can compensate you according to your usual salary, but if you agree to it during the contract period, he will compensate you for the economic loss twice

The company laid off employees.

Unused annual leave.

Should the unit be compensated.

It must be compensated. But it can't be called compensation.

Annual leave is stipulated by the Labor Code.

Paid holidays granted to workers.

In the event of dismissal.

There is also unused annual leave.

The company must compensate.

If there is no rest in this year's annual leave, I think this employer can compensate you according to your usual salary, but if you agree to it during the contract period, he will compensate you for your financial losses twice.

If the company lays off an employee and fails to take annual leave, the company shall pay the employee 300% of the employee's daily salary for the number of days of annual leave that the employee should have taken but not taken. Article 5 of the Regulations on Paid Annual Leave for Employees shall be made by the unit 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 the hail stove year.

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 300% of the employee's daily wage income.