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Failure to arrange annual leave in accordance with the law may be complained to the labor inspectorate.
Employees with nearly 30 years of cumulative working experience are entitled to 15 days of annual leave per year in accordance with the law, but the employer only arranges 5 days of annual leave each year, and the remaining 10 days shall be paid separately according to 200% of the wage standard stipulated in the labor contract on the basis of the wages already paid on the day of work. If the employer does not arrange annual leave and does not pay wages and remuneration, it shall first negotiate with the employer, and if the negotiation fails, the employee may file a complaint with the labor inspectorate, and the labor inspector shall order it to make corrections within a time limit, and if it fails to make corrections within the time limit, it shall be ordered to pay additional compensation according to the amount of annual leave wages payable. Those who refuse to pay wages and compensation shall apply to the people's court for enforcement.
***。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.
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 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.
Article 7 Where a unit does not arrange for employees to take annual leave and does not give annual leave wages and remuneration in accordance with the provisions of these Regulations, the local people's personnel department or labor and social security department at or above the county level shall order it to make corrections within a time limit on the basis of its authority; If the correction is not made within the time limit, in addition to ordering the unit to pay the annual leave salary, the unit shall also pay additional compensation to the employee according to the amount of the annual leave salary and remuneration; For those who refuse to pay annual leave salaries, remunerations, and compensation, and belong to the units of civil servants and personnel managed with reference to the Civil Servants Law, the directly responsible managers and other directly responsible personnel shall be punished in accordance with law; If it belongs to another unit, the labor and social security department, personnel department, or employee shall apply to the people's court for compulsory enforcement.
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Article 11 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises stipulates that the daily wage income for calculating the wages and remuneration of unused annual leave shall be converted according to the monthly salary of the employee himself divided by the number of days of monthly salary. The term "monthly wage" as used in the preceding paragraph refers to the average monthly wage of an employee in the 12 months prior to the employer paying him or her wages for unused annual leave, excluding overtime wages. If the working time of the employer is less than 12 months, the average monthly salary shall be calculated according to the actual month.
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I have worked in two companies for a total of 20 years, and am I entitled to 15 days of paid leave? Does the cumulative working time refer to the length of service?
Hello, dear, I'm glad to answer for you! Clear answer: Cumulative working hours refer to the length of service!
Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave. The annual leave of 20 years of service is 15 days, and there is no other situation, the company does not arrange annual leave, and it is recommended to report to the relevant agencies, and Sanfan requires it to take annual leave. The period during which an employee works in the same or different employers shall be counted as cumulative working hours.
That is to say, if the employee has evidence (social security records, etc.) to prove that his or her cumulative service experience is more than one year, he or she is entitled to annual leave.
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Conclusion: Illegal.
Analysis: 1. Employees who have worked for 1 year but less than 10 years shall have 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.
2. National statutory holidays, family leave, wedding and funeral code leave, maternity leave and other holidays stipulated by the national family, as well as the period of suspension of work due to work-related injuries and the period of late interest are not included in the annual leave.
3. Annual leave refers to the paid leave enjoyed by employees every year after the cumulative working years have reached one year as stipulated by law.
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First, the working years are the actual working years rather than the working years of the enterprise.
First of all, the Regulations on Paid Annual Leave stipulate that 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. Therefore, the number of days of annual leave to be taken by an employee should be calculated on the basis of his or her actual years of service. Secondly, the "Measures for the Implementation of Paid Annual Leave for Employees of Government Institutions and Public Institutions" defines the working years as the actual working years rather than the working years of the enterprise, and the restructuring of public institutions and enterprises is a direction in the future, so there will be no difference in the implementation of specific labor standards, so the enterprise should also calculate the number of days of annual leave it should take according to the actual working years.
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Years of service.
It is the actual working years and not the working years of the enterprise.
The Measures for the Implementation of Paid Annual Leave for Employees of Government Institutions and Institutions define the working years as the actual working years rather than the working years of the enterprise, and the restructuring of public institutions and enterprises is a direction in the future, so there will be no difference in the implementation of specific labor standards, so the enterprise should also calculate the number of days of annual leave it should take according to the actual working years.
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After receiving economic compensation, the length of service will be cleared.
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The law provides 10 days of paid leave for more than 15 years of service, and 15 days of annual leave for 20 years and more.
Annual leave is statutory, but it must be granted at the end of one year. After one year of work, 5 days of leave for less than 10 years, 10 days off for 10 years but less than 20 years, and 15 days of rest for 20 years and above, that is, half a month.
Article 3 of the Regulations on Paid Annual Leave for Employees: 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.
Article 4 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 and 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.
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Paid annual leave Article 3 of the Regulations on Paid Annual Leave for Employees stipulates that 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.
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I'm new to a company, but I've worked for 15 years, so I'm on annual leave.
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Summary. Hello, glad to answer for you! Since the annual leave is 15 days, but only 10 days off, if the remaining 10 days are in the company, the employer will not.
I will compensate for these ten days. Under normal circumstances, the annual leave is waived and not repaired, so there is no compensation for the ten days' salary, unless the company requires the employee to go to work, but it can be made up by compensating for the holiday.
The annual leave stipulated by the employer is fifteen days, and if I take five days, the remaining ten days are at work, and the employer will give these ten days.
Hello, glad to answer for you! Since the annual leave is 15 days, but only 10 days off, and the remaining 10 days are in the company, the employer will not tremble. I will compensate for these ten days.
Under normal circumstances, the annual leave is given up and not repaired, so there is no compensation for the ten days' salary, unless the company requires the employee to go to work.
What I asked was that the annual leave stipulated by the employer is 15 days, if I take five days, will the employer pay three times the salary for the remaining ten days?
Hello, may I ask if the remaining ten days of annual leave will not be taken by yourself, or will the unit not take it after consultation with you?
According to the regulations, if the company arranges for the employee to take annual leave, the employee does not take it due to personal reasons. The unit only needs to pay the normal salary for the corresponding number of days. If the employer does not arrange annual leave with the consent of the employee, the head employer shall pay three times the salary according to the remaining annual leave days.
Whether or not you are paid three times your salary a day depends on the situation.
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