I m quitting my job, what should I do with my annual leave? Is there a provision in the labor law?

Look at the agreement in the contract you signed with the company, the general annual leave is to give the company to the employee after a certain number of years of work in the company, if the contract stipulates that there is cash or in-kind compensation for not taking annual leave, then you can get the corresponding compensation, I personally recommend that you resign after taking annual leave.

If you are talking about annual leave or Spring Festival holiday, if it is an annual leave, you have to work for a year, there are 5 days of annual leave, 20 days to visit parents, and 30 days to visit your spouse.

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 10 Where 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, the employer shall, within the current year, pay the employee 300% of the employee's daily wage income for the unused annual leave, 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.

If you still have unused annual leave after leaving the company, you can be compensated in cash.

There is no such rule, and if someone tells you so, they must be lying to you.

For employees who are about to leave the company, they can take annual leave.

Most employers will also ask for compensatory time off as soon as possible, because if you don't take it, you can ask for three times your salary according to your working hours when you leave.

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 for the current year due to its own reasons, the employer shall pay the employee the wages and remuneration for the unused annual leave that year.

Labor Law of the People's Republic of China

Article 45 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 ***.

The number of days prescribed by law for annual leave.

Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave; Those who have completed 10 years and have not been scattered for 20 years shall have 10 days of annual leave; 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.

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.

Legal provisions on paid annual leave.

The statutory paid annual leave is the benefit of every worker, and the relevant laws of China also stipulate that as long as the employee meets certain conditions, he can enjoy the paid annual leave benefit of the employer, which is specified as follows:

1) Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave;

2) 10 days of annual leave for those who have completed 10 years but are less than 20 years;

3) Those who have completed 20 years shall take 15 days of annual leave.

National statutory holidays and rest days are not included in the annual leave.

Legal basis.

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, 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 hours of the employee in the current year, and the salary of the unused annual leave shall be paid for the empty banquet, but the part of the liquid that is less than one full day after conversion shall not be paid the salary and remuneration for the unused annual leave." The conversion method is:

The number of calendar days that have passed in the current year in the unit (365 days) 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. ”

1. 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.

Can I claim compensation from the company for time off when I resign?

If the employee is not arranged to take annual leave due to the company's reasons, he or she can be compensated three times.

Please list the time when you signed the employment contract, how will others know that you have reached the annual leave?

Nonsense that you don't understand, you feel good when you listen to it, but it's uncomfortable when you do it!

Legal analysis: The annual leave of the current year is not accrued, and the commutable leave for the whole year is not covered. You can take annual leave after submitting your resignation application, and you can still take annual leave for the current year during the handover period (1 month) after submitting your resignation report.

Number of days of annual leave = (365 calendar days that have passed in the current year) The number of annual leave days that the employee should enjoy in the current year - the number of annual leave days that have been arranged in the current year.

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