Since the implementation of annual leave 5 years , the company has never given me annual leave, and

Article 5 of the Regulations on Paid Annual Leave for Employees.

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 of annual leave that should be taken by the employee, the employer shall pay the annual leave salary and remuneration according to 300% of the employee's daily wage income.

Measures for the implementation of paid annual leave for employees of enterprises.

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.

Article 12 When an employer dissolves or terminates a labor contract with an employee, if it fails to arrange for the employee 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, but shall not pay the wages and remuneration for the unused annual leave for less than one full day after conversion.

The conversion method stipulated in the preceding paragraph is as follows: (365 calendar days have passed in the current year in the unit) 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.

If the employer has already arranged annual leave for employees in the current year, the number of days exceeding the annual leave that should be taken will not be deducted.

With reference to the above legal provisions, you can claim the annual leave pay that should have been accrued to you for many years.

Of course, the premise is that you should be entitled to annual leave in the corresponding year, because it is not excluded that you are no longer entitled to annual leave in some cases, and the specific situation can refer to Article 4 of the Regulations on Paid Annual Leave for Employees.

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If the annual leave is not used up and cannot be crossed, it will be invalid in the second year, and if the unit cannot arrange the employee to take annual leave due to work needs, it may not arrange the employee to take annual leave with the consent of the employee himself. However, annual leave pay is paid at 300% of the daily wage.

Legal basis: Article 5 of the Regulations on Paid Annual Leave for Employees According to the specific conditions of production and work, and considering the wishes of the employees, the company shall coordinate the annual leave of employees in the town of Yinqing. 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 unit is unable to arrange for employees to take annual leave due to work needs, it may not arrange for employees to take annual leave with the consent of the employees themselves. For the number of days that should be taken without leave, the employer shall pay 300% of the employee's daily wage income for annual leave.

According to the Labor Law, the employer shall ensure that the employee takes leave in accordance with the law, and the employer shall arrange paid annual leave for the employee after he or she has obtained the qualification for annual paid annual leave. Specifically, those who have worked for the same employer for one year but less than 10 years are entitled to 5 days of paid annual leave; If you have worked for more than 10 years, you will have to increase by 1 day for every 1 full year, and the maximum number of days will not exceed 15 days.

The company's failure to provide you with paid annual leave without negotiation and agreement with you is a violation of national laws and regulations, and you have the right to claim compensation. You can first communicate with the company and ask the company to pay you your paid annual leave pay in accordance with the law. If the company does not cooperate, you can file a complaint with the local labor inspection department to protect your legitimate rights and interests.

If the company does not grant annual leave, the employee cannot terminate the contract in accordance with Article 38 of the Labor Contract Law of the People's Republic of China, but Zaozhen may require the employer to pay 300% of the salary of the unused annual leave. The legal basis is as follows:

Article 38 of the Labor Contract Law of the People's Republic of China.

The employee may terminate the labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

1. Under what circumstances can I not take annual leave? Huai Bureau.

According to Article 4 of the Regulations on Paid Annual Leave for Employees, annual leave shall not be taken in the current year in the following cases.

1) Employees enjoy winter and summer vacations in accordance with the law, and the number of vacation days is more than the number of annual leave days.

2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with the regulations;

3) Employees who have worked for 1 year but less than 10 years and take 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.