Is it illegal to clear the annual leave at the end of the year and not convert it into salary, but n

According to the Measures 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 annual leave less than the number of days of annual leave 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 should be taken during the current year, including the salary income paid by the employer to the employee during the normal working period. The daily wage income for calculating the salary and remuneration for unused annual leave shall be calculated by dividing the employee's monthly salary by the number of monthly salary days. Therefore, if the employer notifies all employees, it is not illegal for the employee to accept that the annual leave will not be converted into wages, but according to the law, the employer shall pay the employee three times the daily wage converted from the annual leave.

The company arranges paid leave, pays wage compensation, and complains to the Labor Supervision Council "Regulations on Paid Leave for Employees" Article 7 The unit arranges for employees to take leave, and the leave salary and remuneration shall be given in accordance with the provisions of these Regulations, and the county-level civil affairs department or labor security department shall order it to change within a time limit according to its authority; In addition to ordering the unit to pay leave wages and remuneration within the time limit, the unit shall pay additional compensation to the employee according to the amount of leave wages and remuneration; Refusal to pay leave wages and remuneration and compensation to civil servants shall be punished according to the directly responsible supervisor and his directly responsible officer of the unit where the civil servant administrator is located; The labor and social security department, the department or the employee shall apply to the civil court for compulsory enforcement.

1. It is generally illegal to clear annual leave.

1. The employer cannot arbitrarily clear the employee's unused annual leave, and if the employee has unused annual leave in the current year, he or she can negotiate with the employer to make up the leave or ask for money in the following year. As long as the employee has unused annual leave, the employer shall pay 300% of the daily wage.

2. The employer shall make overall arrangements for annual leave according to the specific situation of production and work, and considering the wishes of the employees themselves. If the employer is unable to arrange annual leave for employees or arrange annual leave across one year due to work needs, it shall obtain the consent of the employee himself/herself.

2. Whether it is illegal for a private enterprise to not have annual leave.

1. Illegal, private enterprises should have annual leave.

2. Annual leave is also called paid annual leave. The law stipulates that employees of organs, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, and other units shall enjoy paid annual leave if they have worked continuously for more than one year.

3. The unit shall ensure that the employees enjoy annual leave. Employees are entitled to the same salary during the annual leave period as they would during normal work.

3. Employees who have any of the following circumstances shall not be 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 before excavation, and who 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.

Legal basis

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

Article 10. 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.

Annual leave is China's relevant laws for adjusting labor relations, such as the Labor Law of the People's Republic of China and the Labor Contract Law of the People's Republic of ChinaLaws and RegulationsThe rights and interests granted to employees are hand-discovered, stipulating that employees can enjoy paid leave for a certain number of years of service, and the employer shall guarantee the realization of annual leave for employees.

Legal analysis

Annual leave is the legal rights and interests of the employee, the employer should take the initiative to arrange the employee to take the annual leave in batches according to the progress of the work, China's law currently allows the annual leave to be arranged across the year, that is, for example, if the employee fails to take adult leave due to work reasons this year, then it can be transferred to the next year to rest the annual leave, if the employee is indeed unable to take the annual leave, the employer shall pay the employee according to the daily daily wage * 300%, and the annual leave without reason must be an illegal act of the employer to infringe on the rights and interests of the employee. Workers may apply to labor dispute arbitration institutions for arbitration, and if they are not satisfied with the effective arbitration results, they may also file a lawsuit with the people's court.

If the employer fails to follow the legal procedures or maliciously dismisses the employee, the employer shall pay compensation to the employee in accordance with the law.

Legal basis

Labor Contract Law of the People's Republic of China Article 47 Economic compensation shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Employment contracts. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

At the end of each year, we remember that our annual leave has not been completed, but the end of the year is the busiest time for the company's business, and annual leave is generally not approved at this time. Some companies will refuse to allow employees to take compensatory annual leave or annual leave compensation on the grounds that the annual leave is cleared at the end of the year. 1. Is it legal to clear annual leave at the end of the yearArticle 5 of the Regulations on Paid Annual Leave for Employees stipulates:

Annual leave can be arranged in a centralized manner within one year, and can also be arranged in sections, and generally not across years. If it is truly necessary for the unit to arrange annual leave for employees across years due to consumption and work characteristics, it can be arranged across one year. In other words, employers cannot use the New Year's Eve as an excuse to arbitrarily clear the paid annual leave, otherwise it will infringe on the employee's right to rest and vacation.

Employers cannot arbitrarily clear an employee's unused annual leave on the grounds of a new year's holiday. If the employee has not taken annual leave in the current year, he or she can negotiate with the employer to take the compensatory leave in the following year, or require the employer to pay the salary and remuneration for the unused annual leave at the rate of 300 per day of the daily wage. Article 5 of the Regulations on Paid Annual Leave for Employees Who Have Not Taken Annual Leave clearly stipulates that if an employee cannot be arranged to take annual leave due to work needs, the employee may not be arranged to take annual leave with the consent of the employee himself.

For the number of days that an employee should take without leave, the employer shall pay the annual leave salary and remuneration according to 300 of the employee's daily wage income. However, the three times the salary paid by the employer includes the salary income paid by the employer to the employee during the normal working period. In other words, when an employee has not taken annual leave in the current year, the employer has already paid the employee's wages during the normal labor period in accordance with the law, and it is sufficient to pay another 200 yuan of the employee's daily wage income.

Special reminder: If the employer arranges for the employee to take annual leave, but the employee does not take the annual leave due to his own reasons and in writing, the employer may only pay the employee's salary income during the normal working period. When an employee terminates an employment contract on the ground that the employer has not paid the statutory compensation (only 200 parts) of the salary for his unused paid annual leave, it is not appropriate to find that the employer has "failed to pay the labor remuneration in full and in a timely manner".

To sum up, it is illegal to clear the annual leave at the end of the year. Annual leave with and pay is also time-limited, and those that have not been taken in the current year can only span one year, that is, the compensatory leave in the following year. In addition, those who do not take annual leave will be compensated accordingly, and the labor law clearly stipulates the corresponding compensation standards.

Article 5 of the Regulations on Paid Annual Leave for Employees shall be arranged by the unit according to the specific conditions of production and work, and in consideration of the wishes of the 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 that an employee should take without leave, the employer shall pay the annual leave salary and remuneration according to 300 of the employee's daily wage income.

Summary. Dear, I'm glad to answer for you: Will the annual leave be cleared at the end of the year? Most companies will. If the employer arranges for the employee to be cleared at the end of the year, the employer may, with the consent of the employee, make annual arrangements across one month.

Dear, I'm glad to answer for you: Will the annual leave be cleared at the end of the year? Most of the male lead round divisions. After the employer arranges for the staff shed to be cleared at the end of the year, the employer can make annual arrangements across one month with the consent of the employee chain.

Legal basisArticle 3 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises shall enjoy a high balance of paid annual leave if they have worked continuously for more than 12 months. That is, if an employee has worked continuously for 12 months, he or she is eligible for annual leave. Article 4 of the "Implementation Measures for the Annual Leave of Employees of Enterprises with Filial Piety and Rapid Salary" The number of days of leave shall be determined according to the cumulative working hours of the employees.

Unlike "continuous" annual leave eligibility, the number of annual leave days is calculated as "cumulative".

This year, due to the impact of the epidemic, has the annual leave been extended?

Holidays during the epidemic period are not considered annual leave, and the epidemic does not affect the normal rest of annual leave. Annual leave is not extended.

The annual leave of the worker has not been taken, and the spring slag answer is that the fruit has not been taken for personal reasons, and the Liang cha is cleared on New Year's Eve legally; If it is necessary for the employer to arrange the annual leave of the employee across years due to the characteristics of production and work, it is illegal to clear the annual leave across the year, and the employer may arrange the employee to take annual leave across one year.