[Tips] How should annual leave be taken?


I changed jobs

Can the new unit enjoy the annual leave of the year?

I’m too busy at work

This year’s annual vacation Can we transfer to next year to rest together?

About “Annual Leave”

This is the answer for you

What are the conditions for taking annual leave

< span>■ Employees who have worked continuously for more than 1 year shall enjoy paid annual leave in accordance with the law

The “Regulations on Paid Annual Leave for Employees” stipulates that qualified employees can enjoy 5 ​​days according to the accumulated working years (working for 1 year but less than 10 years ), 10 days (working 10 years but less than 20 years), 15 days< /span> (for 20 years of employment) paid annual leave.

State statutory holidays and rest days are not included in annual leave

The employer shall arrange annual leave for employees according to the specific situation of production and work, and considering the wishes of employees themselves.

In what circumstances< /p>

Employees do not enjoy annual leave

Article 4 of the Regulations on Paid Annual Vacation for Employees:

  • Employees enjoy winter and summer vacation according to the law, and the number of vacation days is more than the annual vacation days;
  • Employees accumulated more than 20 days of personal leave and the unit does not deduct wages according to regulations;
  • Employees who have accumulatively worked for 1 year but less than 10 years shall ask for accumulated sick leave of more than 2 months;< /li>
  • Employees who have worked for 10 years but less than 20 years shall take sick leave for more than 3 months;
  • Employees who have worked over 20 years in total, please accumulate sick leave for more than 4 months > of.

Worked in different units

How to calculate the number of annual vacation days

The number of days of paid annual leave that employees can enjoy is directly related to the accumulated working hours

According to the “Regulations on Paid Annual Leave for Employees”, “Implementation Measures for Paid Annual Leave for Enterprise Employees”, the General Office of the Ministry of Human Resources and Social Security “About < During the period when an employee is engaged in full-time work in the same or different employers, and in accordance with laws, administrative regulations or regulations of the State Council, the period is deemed to be working,< span>should be counted as cumulative work time.

Can annual leave be taken across the year?< /span>

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 themselves, the unit arranges the annual leave of the employees as a whole.

Annual leave can be arranged collectively within a year or in sections, generally not across years. If it is necessary for the unit to arrange employees’ annual leave across years due to production and work characteristics, can be arranged across one year.

The unit does work If it is necessary to arrange for employees to take annual leave, the employee may not be arranged to take annual leave with the consent of the employee himself. The unit shall pay 300% of the employee’s daily wage income for the number of days of annual leave that the employee should have taken but not taken.

Changed jobs

< strong>Can I enjoy annual leave in the new unit?

Article 2 of the “Regulations on Paid Annual Leave for Employees” stipulates:

Organization Employees of organizations, groups, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees who have worked continuously for more than one year are entitled to paid annual leave.

“Reply Letter from the Legislative Affairs Office of the State Council to the Request for Instructions Regarding the “Regulations on Paid Annual Leave for Employees”” (Guofa Mizheng Letter [2009] No. 5) further clarified the leave conditions:

“Employee Bring There is no limit to the same unit for “employees who have worked continuously for more than 1 year” stipulated in Article 2 of the Regulations on Annual Salary Leave. The situation where the unit has worked continuously for more than one year also includes the situation where employees have worked continuously for more than one year in different units.

on maternity leave< /p>

Can I still take annual leave?

Article 5 of the Regulations on Paid Annual Vacations for Employees:

Employees who have worked continuously for more than 12 months are entitled to paid annual leave.

Employees enjoy family leave, wedding and funeral leave, maternity leave and other holidays stipulated by the state, as well as the period of suspension due to work-related injuries. Annual leave holiday.

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Data: CCTV News

Editor: Gao Qin

*Reprint please indicate the source from “Shanghai Changning”