Paid annual leave, how to take paid annual leave

Annual leave is not available after one year has elapsed. You can't take a vacation at the time of terminating the labor contract, or you can only take one day as stated in sjws880711, so it doesn't make much sense to claim annual leave benefits from the employer. If the employer does not pay you the severance for the expiration of the contract, if you have one month's salary, you can go to the labor arbitration to sue the employer and calculate whether there is one day of annual leave, and you can claim compensation, that is, two days' wages.

The law stipulates that those who have worked for one year are entitled to paid annual leave. That is, if I sign the contract on January 1, 10, and the contract is due to expire on January 1, 11. Then on December 31, 10, I just turned 1 year, and then on January 1, 11, I was entitled to paid annual leave.

Therefore, even if the written notice will not be renewed one month before the expiration of the company, I am still an employee of the company on January 1, 11, and of course I can enjoy paid annual leave. So it looks like the contract was signed for one year from January 1, 10 to January 1, 11, but because of the contract I signed on January 1, 10, it was actually one year and one day, and of course I was entitled to paid annual leave.

Therefore, you should look specifically at how the contract stipulates, whether it stipulates a specific date, such as 1/1/10 to 1/1/11, or 1 year in general.

Compensation for seniority can be claimed.

How much do you know about paid annual leave for employees?

1. Under what circumstances can employees enjoy annual leave?

The Measures for the Implementation of Paid Annual Leave for Employees of Enterprises issued by the Ministry of Human Resources and Social Security of the People's Republic of China stipulate that employees who have worked continuously for more than 12 months are entitled to paid annual leave. So, how to define working continuously for more than 12 months? Does it mean that the same unit has worked for 12 consecutive months, or can different units work for 12 consecutive months?

It is worth noting that 12 consecutive months of continuous work includes three situations: 1. 12 consecutive months of continuous work in the unit; 2. Have worked for another employer for 12 consecutive months; 3. The foreign unit and the unit have been added together for 12 consecutive months.

2. How many days of paid annual leave can you have?

According to the regulations, 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. National statutory holidays and rest days are not included in the annual leave. The number of annual leave days shall be determined according to the cumulative working hours of the employees, and the working periods of the employees in the same or different employers, as well as the deemed working periods in accordance with laws, administrative regulations or regulations, shall be counted as the cumulative working hours.

In other words, the accumulated working hours can be accumulated not only in one company, but also between different organizations.

According to the interpretation of the Ministry of Human Resources and Social Security, the cumulative working hours include the period during which employees are engaged in full-time work in government agencies, groups, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, etc., as well as the period of military service in accordance with the law and other periods that can be counted as seniority in accordance with national laws, administrative regulations and regulations. The cumulative working hours of an employee may be determined on the basis of the records in the file, the record of the employer's payment of social security premiums, the labor contract or other legally effective supporting materials.

3. How to calculate the salary during the annual leave?

Employees are entitled to the same salary during the annual leave period as they would during normal work. For employees who are subject to piece-rate wages, commission wages or other performance-based wage systems, the daily wage income shall be converted according to the monthly wage of the employee divided by the number of monthly wage days (21 75 days), where the monthly wage refers to the average monthly wage of the employee after excluding overtime pay in the 12 months before the employer pays the employee the salary and remuneration for unused annual leave. If the working time of the employer is less than 12 months, the average monthly salary shall be calculated according to the actual month.

In addition, when the employer dissolves or terminates the labor contract with the employee, the employee's unused annual leave can be converted into wages. The specific provisions are as follows: when an employer dissolves or terminates a labor contract with an employee, if the employee fails to arrange for the employee to take the full number of annual leave days in the current year, the number of unused annual leave days shall be converted according to the employee's working hours in the current year and the salary and remuneration for the unused annual leave shall be paid, but the part less than one full day after conversion shall not be paid the salary and remuneration for the unused annual leave.

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.

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. Article 45 of the Labor Law stipulates that "the State shall implement a system of paid annual leave.

Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***. "Notice on the Issue of Employee Leave" "When determining the number of days of leave for employees, it should be different according to the work tasks and the qualifications and positions of various personnel, and shall not exceed 2 weeks at most.

Legal basis

Article 9 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises? According to the specific situation of production and work, and considering the wishes of the employee, the employer shall make overall arrangements for annual leave. If the employer is unable to arrange annual leave for employees or arranges annual leave across one year due to work needs, it shall obtain the consent of the employees themselves.

Legal analysis: Paid annual leave for employees is mandatory, and employees of organs, groups, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees and other units who have worked continuously for more than one year shall enjoy paid annual leave, and the unit shall ensure that employees enjoy annual leave. If the 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 according to its authority.

If the employee agrees, the annual leave may not be arranged, but the enterprise shall pay the employee 300% of the employee's daily wage.

Legal basis: According to Article 2 of the Regulations on Paid Annual Leave for Employees, employees of government agencies, 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.

According to Article 5 of the Regulations on Paid Annual Leave for Employees, the unit shall make overall arrangements for the annual leave of employees according to the specific conditions of production and work, and considering the wishes of the employees themselves.

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.

According to Article 7 of the Regulations on Paid Annual Leave for Employees: If the 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 according to 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.

Legal analysis: Paid annual leave pay is not a wage remuneration linked to the normal work provided by the employee in the true sense, but is actually a kind of welfare compensation paid by the employer for the employee who does not enjoy the statutory welfare holidays due to the reasons of the employer.

Legal basis: "Implementation Measures for Paid Annual Leave for Employees of Enterprises" Article 10 If 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 taken less than the number of annual leave days that should be taken, the employer shall pay the employee 300% of the daily wage income for the number of days of unused annual leave that should be taken during the current year, 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.