Mandatory annual leave, is it illegal to take mandatory annual leave

Is paid time off bad? Of course it's not reasonable!

Illegal. According to the law, the employer shall make overall arrangements for annual leave according to the specific conditions of production and work, and taking into account the wishes of the employee.

Paid annual leave is a continuous rest for a fixed period of time after an employee has worked continuously for one year, and is entitled to retain his position and salary in accordance with the law every year.

Employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, and individual industrial and commercial households with employees who have traveled for more than one year are entitled to paid annual leave (hereinafter referred to as annual leave). The employer shall ensure that the employee is entitled to annual leave.

The criteria for determining the leave of paid annual leave are as follows:

1. Employees who have worked for 1 year but less than 10 years shall have 5 days of annual leave;

2. If it has been 10 years but less than 20 years, the annual leave is 10 days;

3. Those who have completed 20 years will have 15 days of annual leave.

4. Statutory holidays and rest days are not included in the annual leave.

Legal basis

Regulations on Paid Annual Leave for Employees

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 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.

Legal Analysis: Not Legal. According to Article 9 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises, the employer shall make overall arrangements for annual leave according to the specific conditions of production and work, and taking into account the wishes of the employees themselves.

It can be seen that the annual leave is arranged by the unit as a whole (you can also apply for it yourself), and the initiative to highlight the right is in the unit"Consider", which is not very operable in reality.

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; If the university has been 10 years but less than 20 years, the annual leave is 10 days; 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.

Legal Analysis: It is legal to force employees to take annual leave. According to the specific situation of production and work, and taking into account the wishes of the employee, the employer shall make overall arrangements for annual leave.

If the employer is unable to arrange the annual leave of the employee due to work needs or arranges the annual leave for the first time of one year, the consent of the employee shall be obtained.

Legal basis: Article 9 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises, according to the specific conditions of production and work, and considering the wishes of the employees, the employer shall make overall arrangements for annual leave. 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.