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Those who are still working in the unit after the age of 60 and who delay their retirement are of course entitled to annual leave.
After the age of 60, retire and re-enter the job as normal, and start from scratch. How many urgent things in a year have to take a few days off, and it is also a blessing if you don't deduct your pay.
You don't enjoy the statutory annual leave of employees, it really doesn't matter, you must know that if an enterprise reuses you, how many benefits you enjoy in the enterprise will not be less! On the contrary, there are some benefits on the job, you are staring at it, and you are not in a good mood, so it is better not to be tired after honorable retirement.
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After the age of 60 to work in the unit, this situation is often a reverse hir, but in this case, as long as it meets the requirements of other attendance assessment of the unit, then you should also be able to enjoy your annual leave, according to your working years, generally speaking, there is no problem in enjoying 15 days of paid annual leave.
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This depends on the unit's approach, whether there is or not, because you are 60 years old, you enjoy the national pension, you are still working, and you should not have any vacation.
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If the retiree is retired, then the retiree does not have annual leave. According to the regulations of labor and management. If the two parties do not agree in advance, then they are not entitled to annual leave.
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There are normal employees, but if they are rehired, they will not enjoy this. There is no annual leave for rehiring.
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If a person exceeds the statutory retirement age, he or she has a labor relationship with the employer when he is re-employed, not a labor relationship, and the labor law does not apply.
How to take leave in the labor relationship shall be negotiated between the employee and the employer.
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Employees who have worked continuously for more than one year can enjoy annual leave. The circumstances under which annual leave is not available are as follows:
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 more than 1 year but less than 10 years have taken sick leave for more than 2 months;
4. Employees who have worked for 10 years but less than 20 years can take sick leave for more than 3 months;
5. Employees with more than 20 years of service who have taken sick leave for more than 4 months.
What should I do if the company does not give employees annual leave?
1. If the unit cannot arrange annual leave for employees to take into account the actual production, with the consent of the employee, the employee may not be arranged to take annual leave, but the company needs to give the employee 3 times the annual leave remuneration;
2. If the employer does not take annual leave with his grandson, and refuses to pay the statutory salary and remuneration for annual leave, the worker can seek help from the local labor and social security bureau, once verified, the unit will be ordered to rectify, and the employee's annual leave salary will be returned in full, and the employer will also need to pay additional compensation;
3. If the enterprise evades the return of annual leave wages and compensation, it will be enforced by the people's court.
[Legal basis].Article 4 of the Regulations on Paid Annual Leave for Employees.
Employees who have any of the following circumstances are not 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 days of vacation exceeds the number of days of annual leave;
2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with 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 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.
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1. Can employees enjoy annual leave?
1. Employees can enjoy annual leave if they have worked continuously for more than 1 year. The situation of the old man who is unable to enjoy the annual leave is as follows:
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 employer does not deduct wages in accordance with the regulations;
3. Employees who have worked for more than 1 year but less than 10 years have taken 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 with more than 20 years of service who have taken sick leave for more than 4 months.
2. Legal basis: Article 4 of the Regulations on Paid Annual Leave for Employees.
Employees who have any of the following circumstances are not 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 days of vacation exceeds the number of days of annual leave;
2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with 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 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.
2. What should I do if the company does not give employees annual leave?
1. If the unit cannot arrange annual leave for employees to take into account the actual production, with the consent of the employee, the employee may not be arranged to take annual leave, but the company needs to give the employee 3 times the annual leave remuneration;
2. If the employer does not give annual leave and refuses to pay the statutory wages and remuneration for annual leave, the worker can seek help from the local labor and social security bureau, once verified, the unit will be ordered to rectify, and the employee's annual leave salary will be returned in full, and the unit will also need to pay additional compensation;
3. If the enterprise evades the return of annual leave wages and compensation for the base of compensation, it will be enforced by the people's court.
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Legal Analysis: Yes. According to the specific situation of the work and the wishes of the staff members, public institutions shall make overall arrangements to ensure that the staff members enjoy annual leave. Organs and public institutions shall strengthen the management of annual leave, and strictly evaluate the system of repentance and attendance.
Legal basis: "Implementation Measures for Paid Annual Leave for Employees of Government Institutions and Public Institutions".
Article 10 According to the specific conditions of their work and taking into account the wishes of the staff members, organs and public institutions shall make overall arrangements to ensure that the staff members enjoy annual leave. Organs and institutions should strengthen the management of annual leave and strictly enforce the attendance system.
The local people's personnel administration departments at or above the county level shall, on the basis of their authority, take the initiative to supervise and inspect the implementation of annual leave by organs and public institutions.
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Employees who have worked continuously for more than one year are entitled to annual leave.
Paid annual leave is the right of employees, and it is illegal to pay paid annual leave wages if they do not arrange leave and do not pay paid paid annual leave wages in accordance with regulations. The length of paid annual leave is calculated based on the accumulated length of service. 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.
Legal basis: Labor Law of the People's Republic of China
Article 45 The State implements a system of paid annual leave.
Workers who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.
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 who have worked continuously for more than one year shall enjoy annual leave with hidden empty pay (hereinafter referred to as annual leave). 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 in Slippery Town are not included in the annual leave.
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