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Employees who have worked for less than one year are not entitled to paid annual leave.
According to the Regulations on Paid Annual Leave for Employees and the Implementation Measures for Paid Annual Leave for Employees of Enterprises issued by the Ministry of Human Resources and Social Security, employees who have worked continuously for more than one year shall enjoy paid annual leave (hereinafter referred to as annual leave) from the second 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.
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, family leave, marriage and funeral leave, maternity leave and other national holidays, as well as periods of suspension of work and rest days due to work-related injuries are not included in the annual leave.
The probationary period of the employee, if the working years are only one month, there is no paid annual leave. However, if the employee has worked for one year or more, he or she can enjoy paid annual leave, and the annual leave shall be calculated according to the number of days that should be taken in the whole year, divided by 12, and less than one day shall not be calculated.
***。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.
Ministry of Human Resources and Social Security.
Measures for the Implementation of Paid Annual Leave for Employees of Enterprises".
Article 5 Where an employee joins the employer for the new employee and meets the requirements of Article 3 of these Measures, the number of annual leave days in the current year shall be determined according to the conversion of the remaining calendar days in the unit, and the part that is less than one full day after conversion shall not be entitled to annual leave.
The conversion method provided for in the preceding paragraph is: (365 calendar days remaining in the unit in the current year) The number of annual leave days that the employee shall enjoy throughout the year.
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If the employee is only one month old, he or she is not entitled to annual leave, and the relevant laws stipulate that if the employee has worked for 1 year but less than 10 years, the annual leave shall be 5 days; 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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Legal analysis: The probationary period for employees stipulates that if the term of the labor contract is less than three months, the probationary period shall not be agreed; where it is more than three months but less than one year, the probationary period must not exceed one month; where it is more than one year but less than three years, the probationary period must not exceed two months; For those with a period of more than three years, the probationary period shall not exceed six months.
Legal basis: Labor Contract Law of the People's Republic of China
Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months. The same employer and the same employee can only agree on a probationary period once. Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.
Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.
Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Paragraphs 1 and 2 of Article 39 and Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.
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Not older than 6 months.
The probationary period may not be extended. If the original probationary period cannot be comprehensively inspected and evaluated by the employee due to irresistible reasons, and the probationary period agreed in the employment contract is shorter than the statutory maximum limit.
The employer may extend the probationary period, but the total length of the two probationary periods shall not exceed the statutory maximum period, and the probationary period shall not be extended without authorization by the employer upon the expiration of the probationary period.
1: The probationary period is less than one month.
If the labor contract signed between the employee and the enterprise is more than three months but less than one year, the probationary period of the employee shall not exceed one month.
2. The probationary period is within two months.
If the labor contract signed between the employee and the enterprise is between one year and three years, the probationary period of the employee shall be less than two months.
Three: the probationary period is less than six months.
For some ultra-long employment contracts, such as employment contracts that exceed three years or where there is no fixed time limit between the employer and the employee, the probationary period should be less than six months.
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Summary. The probationary period under the Labor Contract Law shall not exceed six months. If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months;
The probationary period under the Labor Contract Law shall not exceed six months. If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months;
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