Calculation method of paid annual leave, calculation method of paid annual leave salary

If an employee is a new employee and is entitled to take paid annual leave in accordance with the regulations, the number of annual leave days in the current year shall be calculated according to the remaining calendar days in the unit, and the part less than one full day after conversion shall not be entitled to annual leave.

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

1. Calculation of the number of days of paid annual leave.

The number of days of paid annual leave can generally be inferred based on the cumulative length of service, but since annual leave is calculated on the basis of the calendar year, the calculation is often complicated in the special circumstances of entry and resignation.

Newly recruited employees, after working continuously for one year, often spanning the year, should be converted when calculating the first paid annual leave they should be entitled to, that is, (365 calendar days remaining in the current year) the number of annual leave days that the employee should enjoy throughout the year; Similarly, for a departing employee, the number of annual leave days for the year of separation shall also be converted, i.e. (365 calendar days have passed in the current year) the number of annual leave days that the employee should have enjoyed throughout the year, and if the employee takes more annual leave days before leaving the company, the number of additional annual leave days shall not be deducted. If it is less than one day after conversion, it should be noted that it is not rounded here, but rounded off as long as it is less than one day.

2. Calculation of paid annual leave salary.

1) Paid leave pay.

Paid annual leave, as the name suggests, during the paid annual leave, the employee enjoys the same salary income as during the normal working period. What is special here is how to understand the implementation of piecework wages, commission wages or other normal wages of employees who implement the performance-based wage system. For these employees, the average monthly wage for the previous 12 months, excluding overtime pay, should be calculated and divided by the number of pay days to arrive at the normal daily wage.

2) Handling of unleaved leave.

Only if the employer arranges for the employee to take annual leave, but the employee does not take the annual leave due to his/her own reasons and in writing, the employer can only pay the employee's salary income during the normal working period; In other cases, the employer shall pay 300% of the employee's daily wage for the number of days of annual leave that the employee should have taken but not taken. This means that even if the employer does not arrange annual leave with the consent of the employee and if the employee leaves the company without taking the annual leave, the employer shall pay the employee 300% of the employee's daily wage.

At the same time, if the employer does not arrange for the employee to take annual leave and fails to pay the wages and remuneration for the unused annual leave in accordance with the law, the labor administrative department may order the employee to make corrections within a time limit ex officio. If the employer fails to make corrections within the time limit, the employer shall pay the employee additional compensation according to the amount of the salary and remuneration for the unused annual leave, in addition to the salary and remuneration for the unused annual leave.

Legal analysis: According to the relevant laws and regulations of our country, employees who have worked continuously for more than 1 year can enjoy paid annual leave, that is, they can still receive normal wages during the leave. When the cumulative working time reaches one year but less than ten years, the annual leave is five days.

When the working time is 10 years but less than 20 years, the annual leave is 10 days. For those who have completed 20 years, the maximum annual leave is 15 days. Statutory holidays and rest days are not included in the calculation period of annual leave.

Legal basis: Article 45 of the Labor Law of the People's Republic of China 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 ***.

There are two types of salary calculation for annual leave:

1. Employees enjoy the same salary income during the annual leave period as during the normal working period;

2. The annual leave remuneration shall be paid at 300% of the daily wage income for the unused annual leave days of the nuclear mold jujube. When applying for annual leave from the unit, the single-code pure position cannot be used as an excuse to deduct the employee's work reform and dismantling funds. Generally, the basic salary, post salary, bonus, and attendance bonus obtained by employees under the normal working conditions should also be obtained during the annual leave.

The law stipulates that national statutory holidays and rest days are not included in the annual leave.

Legal basisArticle 10 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises.

If the employer does not arrange annual leave with the consent of the employee or arranges the number of 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 salary for the number of unused annual leave days in the current year, including the salary income paid by the employer to the employee during the normal working period.

What are the conditions for not being able to take annual leave?

1. Employees have more than 20 days of personal leave throughout the year, and their wages will not be deducted from their employers;

2. Employees who have worked for more than one year but less than 10 years and take sick leave for more than 2 months throughout the year;

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

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

5. Rehabilitated soldiers. Newly recruited workers and self-employed workers who return to work in their original units and whose working time is less than one year are not entitled to annual leave.

1. These measures shall apply to all units such as enterprises, private non-enterprise units, individual industrial and commercial households with employees (hereinafter referred to as "employers") and employees who have established labor relations with them.

2. Employees who have worked in the enterprise for 12 months are entitled to the benefits of annual leave.

3. The calculation of the number of annual leave days is based on the number of years of service, and those who have worked for more than 1 year but less than 10 years 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.

4. The unused annual leave, except for the employee's voluntary written application, shall be paid at 3 times the daily wage standard for missing early work.

5. Winter and summer vacations, sick leave, and personal leave exceed a certain period of time, and the unit does not deduct wages, can no longer take annual leave.

6. 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 conversion of the remaining calendar days in the unit, and the part that is less than 1 full day after conversion shall not enjoy the annual leave.

1. What is the provision of Article 39 of the Labor Law?

Article 39 of the Labor Law of the People's Republic of China stipulates as follows:

If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to the characteristics of production, it may implement other work and rest measures with the approval of the labor administrative department.

2. Irregular working hours and rest periods.

The irregular working hours system, also known as the irregular working hours system, has no fixed working hours limit, and is a working time system adopted for employees who need to go to work continuously or are difficult to commute on time due to the special needs of production characteristics, the nature of work or the relationship between the scope of duties, and cannot apply standard working hours or need to work flexibly, which is one of the basic working time systems in China.

It refers to the working hours system adopted by employees who cannot be measured according to the standard working hours or need to work in a mobile manner due to the limitations of the nature, characteristics or duties of the work, and the workers do not have a fixed commuting time and a limit on each working day.

The standard working hours system and the comprehensive calculation of working hours system are both a kind of regular working system, which calculates the amount of labor according to the working hours, and the irregular working hours system is a work system that directly determines the labor volume of employees.

For employees who work irregular hours, the employer shall, in accordance with the provisions of the Labor Law, approve the workload with reference to the standard working hours system and adopt appropriate methods such as flexible working hours to ensure the employees' right to rest and leave and the completion of production and work tasks. Senior managers, field staff, sales personnel, some duty personnel and other employees in an enterprise who cannot be measured by standard working hours due to their work may implement the irregular working hours system.

01 When the employer dissolves or terminates the labor contract with the employee, the formula for calculating the remuneration of paid annual leave is as follows: Number of paid annual leave days = (365 calendar days have passed in the current year in the employer) 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 02 If the salary and remuneration for unused annual leave are less than 1 day after conversion, the number of days with new year leave shall be rounded to the whole number. Remuneration for jujube socks with New Year's leave = the number of days after the paid annual leave is taken (average salary days in the first 12 months) 03 Calculation of paid annual leave for new employees:

Number of paid annual leave days = (365 calendar days remaining in the current year) The number of annual leave days that the employee should enjoy throughout the year. Annual leave is not available for less than 1 full day after conversion. Please refer to the calculation of paid annual leave!

Legal analysis: Employees of the employer who have worked continuously for more than one year can enjoy paid annual leave, that is, they can still receive regular wages during the leave. When the cumulative working time reaches one year and is less than ten years, the annual leave is five days.

When the working time is 10 years but less than 20 years, the annual leave is 10 days. For those who have completed 20 years, the maximum annual leave is 15 days.

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; 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: Employees of an employer who have worked continuously for more than one year can enjoy paid annual leave, that is, they can still receive normal wages during the leave. When the cumulative working time reaches one year but less than ten years, there are five days of annual leave.

When the working time is 10 years but less than 20 years, the annual leave is 10 days. For those who have completed 20 years, the maximum annual leave is 15 days.

Law Cover Pants Law 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; 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.