How to calculate the salary of unused annual leave, and how to calculate the salary of unused annual

If the employer does not arrange annual leave with the consent of the employee or the annual leave is less than the number of days that should be taken, the employer shall pay the employee 300% of the average daily wage for the number of days of unused annual leave.

When the employer terminates (terminates) the labor contract with the employee, if the employee is not arranged to take annual leave in the current year or the annual leave is less than the number of days that should be taken, the number of unused annual leave days shall be converted according to the employee's working time in the current year and the annual leave salary shall be paid, and the part less than one full day after conversion shall not be paid.

If the labor contract between the two parties, the collective contract of the employer, or the salary and remuneration for unused annual leave stipulated by the relevant system of the employer is higher than the above-mentioned standards, it shall be implemented in accordance with the agreed or prescribed standards. If the wages and remuneration for unused annual leave agreed upon or stipulated by both parties are lower than the above-mentioned standards, the unused annual leave wages shall be given to employees in accordance with the Regulations on Paid Annual Leave for Employees due to the violation of the agreement or regulations and has no legal effect.

The salary and remuneration for unused annual leave are mainly divided into two parts, one is the daily wage during the daily work period (i.e. 100% of the average daily wage), and this part of the income is paid with the daily wage. The other part is 200% of the average daily wage, and the employer shall pay this part of the remuneration when the labor contract is terminated (terminated) or before December 31 of the current year at the latest.

If the employer does not arrange the annual leave of the employee, it shall pay the salary and remuneration according to 300% of the wage standard agreed in the labor contract, including the salary during the normal attendance period, and the actual salary paid separately is 200% (the monthly salary agreed in the labor contract).

If the employee himself or herself proposes not to take annual leave, he or she shall only be paid the salary for the period of attendance.

Ministry of Human Resources and Social Security.

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

Article 10. If the 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 pay the employee 300% of the daily wage income for the number of days of unused annual leave that the employee should take 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.

It depends on the company to read, read the employee handbook, there will be the answer. Because each company has different regulations, it is impossible to generalize about this issue.

Some companies allow compensatory time off, some companies make up salaries, and some companies make their annual leave invalid when it expires.

Calculation of wages for unused annual leave: If the employer does not arrange for the employee to take annual leave with the consent of the employee, the employee shall be paid 300% of the employee's daily wage income for the untaken leave. The 300% includes the employee's daily salary.

Pizhou Hu Legal Basis].

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

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 that an employee should take without leave, the employer shall pay the annual leave salary and remuneration according to 300% of the employee's daily wage income.

Annual leave is a welfare that employees who have worked for a certain number of years should enjoy, but in reality, employees are often unable to take annual leave on time due to some special reasons. In such a case, what is the standard according to which the employer should pay the wages for the unused annual leave? Next, let's take a look at how to calculate the salary of unused annual leave.

Step 1: Find out when you have worked continuously for a year.

1. Theoretically, the working time can be calculated continuously in different units. For example, if an employee has been unemployed for half a year, has worked in unit A for half a year, and then has moved to work in unit B for half a year, the employee has worked continuously for one year. Generally speaking, there is a break in work when changing jobs, and how long the interruption is not considered continuous work?

The law is not clear. Theoretically, it can be considered that if social insurance is not interrupted, it can be considered continuous work.

2. The time of continuous work for one year can be 08 years ago. If the employee starts working in January 07, it is a continuous year of work to January 08, and he can take annual leave in the year of 08.

Step 2: Determine how many days of annual leave you should take in a year.

The length of service in different units is calculated cumulatively, and the military age should be included in the length of service. Annual leave for more than one year but less than 10 years of service is 5 days, 10 days for more than 10 years of service, and 15 days for more than 20 years.

Step 3: Convert the number of annual leave days.

1. Calculated separately according to the calendar year of the Gregorian calendar, and the remaining days are converted proportionally if the number of days is less than one year.

2. The remainder is less than one day.

Step 4: Calculate the annual leave that should be taken but not taken.

Quite simply, the number of annual leave days that should be taken is subtracted from the number of annual leave days taken, which is the number of annual leave days that should be taken but not taken. It is important to note that if the employee has not left the company, then the annual leave pay for the current year cannot be claimed. Because, in theory, since the employee has not left the company, the employer may still arrange for the employee to take a paid year and miss the leave.

Step 5: Calculate the remuneration for unused annual leave.

1. The salary of annual leave that should be taken but not taken shall be calculated at twice the normal wage. This is equivalent to working overtime on a rest day. In other words, if the unused annual leave is five days, the salary for the unused annual leave is ten days' wages, which is close to half a month's salary (the number of paid days in a month is days).

2. The wage standard should be calculated according to the average monthly wage after excluding overtime wages in the previous 12 months, and commissions and bonuses should be included in the salary. (The daily wage is divided by the average wage for the month.) In addition, according to Article 11 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises, it is not possible to stipulate the standard for calculating and paying wages for unused annual leave in the labor contract.

Through the above introduction, I believe that everyone has learned to calculate the salary of their unused lead annual leave, and I hope that the sorting can help everyone's life, because they do not get the due annual leave, so the employer should use wages and benefits to compensate the workers.

According to the laws of our country, annual leave is a certain period of paid continuous leave granted by the state every year according to the number of years of service and the degree of labor tension. The employer shall make overall arrangements for annual leave according to the specific situation of production and work, and considering the wishes of the employee. 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.

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. Calculation of wages for unused annual leave: For the number of days of annual leave that should be taken by the employee, the employer shall pay 300% of the employee's daily wage income.

If an employer arranges for an employee to take annual leave, but the employee does not take the annual leave due to his/her own reasons and the employee submits in writing, the employer may only pay the employee's salary income during the normal working period.