Is this considered annual leave legal? Is annual leave statutory

If your company doesn't say the right thing, go for it, or pay your salary.

Either let him give you leave, or let him give you annual leave compensation.

Legal Analysis: Annual leave is statutory. The specific regulations are:

1. If the employee has worked for one year but less than ten years, he or she shall take five days of annual leave; 2. If 10 years but less than 20 years have passed, 10 days of annual leave; 3. Those who have completed 20 years of age shall take 15 days of annual leave; 4. National statutory holidays and rest days are not included in the annual leave.

Legal basis: 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.

The annual leave provision is a national statutory holiday. According to the relevant laws and regulations, if an employee has worked continuously for more than 12 months, including the period during which the employee has worked in the same or different employers, he or she shall be entitled to paid annual leave in accordance with the law.

The employer shall, according to the specific conditions of production and work, and consider the employee's own wishes, make overall arrangements for the annual leave of employees, which may be arranged in a centralized manner or in sections, but generally should be arranged within one year.

However, if you have any of the following circumstances, you will 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 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 have taken sick leave for more than 2 months;

4. Employees who have worked for 10 years but less than 20 years and have taken 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.

To sum up, the provision for companies to take annual leave is stipulated by the relevant laws of the state, but because the policies of various regions and companies are also different, the relevant arrangements for annual leave may also be different, and the specific provisions of each company still depend on the specific regulations, but annual leave must be there.

Legal basis

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

Article 3. Employees who have worked continuously for more than 12 months are entitled to paid annual leave (hereinafter referred to as annual leave).

Article 4. The number of annual leave days is determined based on the employee's cumulative working hours. The period during which an employee works in the same or different employers, as well as the period during which it is deemed to work in accordance with laws, administrative regulations or regulations, shall be counted as cumulative working hours.

Annual leave is set by the Dharma. The specific provisions are: 1. If the employee has worked for one year but less than ten years, the annual leave shall be five days; 2. If the applicant has completed 10 years but is less than 20 years, he shall take 10 days of annual leave; 3. If the potato hunger has been 20 years, the annual leave is 15 days; 4. National statutory holidays and rest days are not included in the annual leave.

Article 4 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises shall be determined on the basis of the cumulative working hours of employees. The period during which an employee works in the same or different employers, as well as the period during which he or she is deemed to have worked in accordance with laws, administrative regulations, or regulations, shall be counted as cumulative working hours.

Legal analysis: 1. The annual leave is calculated according to the length of service, and the employee who has 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 and rest days are not included in the annual leave.

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.

Annual leave refers to the leave given to employees once a year. That is, employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, etc., who have worked continuously for more than one year, can enjoy paid annual leave. The employer shall ensure that the employee is entitled to annual leave.

On January 1, 2008, the Regulations on Paid Annual Leave for Employees came into effect, and the Regulations also pointed out that paid annual leave does not include relevant provisions such as national statutory holidays. The original leave regulations in some units were; 10 days of leave for five years of service. The new regulations make it clear that if an employee has worked for 1 year but less than 10 years, the annual leave is 5 days; If the employee has completed 10 years but is less than 20 years, the annual leave shall be 10 days; If you have completed 20 years, the annual leave is 15 days.

So, when the employees of the unit have worked for six consecutive years, how many days of paid leave should they enjoy? Experts explain that the latest paid annual leave regulations cover a wide range of employees, and the employees of organs, groups, enterprises, public institutions, private non-enterprise units, and individual industrial and commercial households with employees are all protected by this provision. The specific number of vacation days in this provision refers to; The lower limit, i.e., the level of leave specified by the employer must not be lower than the number of days specified in the new regulations. Therefore, in the above-mentioned case, an employee who has worked for the employer for one to five consecutive years and has not experienced any of the circumstances specified in Article 4 of the New Regulations is entitled to 5 days of paid leave in accordance with the new regulations on the premise that the leave regulations of the original employer remain unchanged. Employees who have worked for 6 years can still enjoy 10 days of annual leave according to the original regulations of the unit; If there is a change in the company's leave rules, the employee will be on leave in accordance with the company's new rules.

At the same time, according to the new regulations, national statutory holidays and rest days are not included in the annual leave holidays; If an employee enjoys winter and summer vacations in accordance with the law, the annual leave shall be offset against the winter and summer vacations. Many businesses are currently busy with the new regulations. The original level of leave is higher than that of the new unit table, and the number of leave days will not be reduced because of this, and the judgment will only make up for the people who were originally missed; Other companies said that due to the increase in the total number of employees on leave, it is possible to distinguish between new and old employees, or balance the number of vacation days stipulated by the new and old employees to cushion the impact of the new regulations.

Regulations on Paid Annual Leave for Employees》 Article 3 Where 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 2 of the Regulations on Paid Annual Leave for Employees Employees 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 (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 the annual leave and return to the chain leave. Employees are entitled to the same salary during the annual leave period as they would during normal work.

There is a legal provision for annual leave, namely the Regulations on Paid Annual Leave for Employees, which includes: employees who have worked continuously for more than one year are entitled to paid annual leave; National statutory holidays and rest days are not included in the annual leave. Trade union organizations safeguard employees' annual leave rights in accordance with the law; Disputes between employees and units arising from annual leave shall be handled in accordance with the provisions of relevant national laws and administrative regulations; Other.