Implementation Of Paid Annual Leave For Enterprise Employees

Decree of the Ministry of human resources and social security of the People's Republic of China

Number first

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Minister Yin Yumin

September 18, 2008

Paid annual salary for enterprise employees

Article 1 in order to implement the regulations on paid annual leave for employees (hereinafter referred to as the regulations), the implementation measures are formulated.

The second measures shall be applicable to enterprises, private non enterprise units, individual industrial and commercial households and other units (hereinafter referred to as employing units) in People's Republic of China, and those who establish labor relations with them.

Third employees who have been working for more than 12 months, enjoy paid annual leave (hereinafter referred to as annual leave).

The fourth annual vacation days are determined according to the cumulative working hours of employees.

Workers shall be regarded as accumulative working hours in the same or different employing units and in accordance with laws, administrative regulations or State Council regulations.

Fifth new employees of employers and workers who comply with the third provision of these Measures shall be converted to determine the number of days of annual leave according to the days of remaining calendar days of the unit, and those who are less than 1 days after conversion shall not enjoy annual leave.

The conversion method stipulated in the preceding paragraph is: (when the days of remaining calendar days in the unit are 365 days per year), the number of days of annual leave that workers themselves should enjoy throughout the year.

Sixth employees' holiday, such as family leave, marriage and funeral, maternity leave and other holidays stipulated by law, are not included in the annual leave.

Seventh workers who enjoy the days of winter and summer vacation are more than their annual vacation days, and do not enjoy the annual leave of the year.

The employer should arrange the number of days of annual leave for the employees who are enjoying the winter vacation days less than their annual vacation days.

Eighth employees have enjoyed the annual leave of the year. In the year, fourth of the regulations (two), (three), (four) and (five) of the regulations provide for the next year's annual leave.

The ninth employer shall make overall arrangements for annual leave according to the specific circumstances of production and work, and considering the wishes of employees.

If the employer does not arrange annual leave for employees or arranges annual leave for 1 years, he or she shall agree with the employee himself.

The tenth employer shall not arrange annual leave with the consent of the employee or the number of days for the annual leave of the employee to be less than the number of days off. The number of days off should be paid in the current year, and the annual salary of the annual leave shall be paid according to the 300% of the daily wages.

The employer arranges for the workers to take their annual leave, but the employees may, on account of their own reasons and submit in writing the endless vacation, the employer can only pay their normal wages during their working periods.

The eleventh is to calculate the daily wage income of the unpaid annual leave, which is calculated according to the number of days in which the worker's monthly salary is divided by the monthly salary (21.75 days).

The monthly wages mentioned in the preceding paragraph refer to the monthly average wages of the employees after excluding overtime wages 12 months before the employer pays their annual leave wages.

If the employer's working time is less than 12 months, the monthly average wage shall be calculated according to the actual month.

Employees enjoy the same wage income during the annual leave period.

The implementation of piecework wage, royalty or other performance wage system for workers and staff shall be implemented according to the provisions of the first and second paragraphs of this article.

Twelfth when the employer or the Employee terminates or terminates the labor contract, if the employee is not allowed to take the sabbatical leave during the year, he shall convert the number of days off for the rest of the year on the basis of the working time of the employee and pay the annual salary for the non annual leave, but the portion that is less than 1 after the conversion will not pay the annual salary.

The conversion method stipulated in the preceding paragraph is: (when the year has passed the calendar days in the unit, 365 days), the number of days of annual leave that the employee should enjoy throughout the year - the number of days that have been arranged for the year in the year.

The number of days in which the employer has arranged the annual leave for the employee is more than the number of days when the annual leave should be converted.

The remuneration of thirteenth labor contracts, collective holidays or the annual leave days prescribed by the employer's rules and regulations is higher than the statutory standard.

The workers of the fourteenth labor dispatching units meet the conditions stipulated in the third provision of the present Measures and enjoy annual leave.

The number of days that the dispatched workers are entitled to pay the labor remuneration according to the law in the period of labor contract during the period of labor contract is more than the number of annual leave that they should enjoy in the whole year, and they are not entitled to the annual leave of the year.

The fifteenth labor administrative departments of the local people's governments at or above the county level shall supervise and inspect the implementation of the regulations and these measures by the employing units according to law.

If the employer does not arrange for employees to take their annual leave and fails to pay the annual leave pay according to the regulations and these measures, the labor administrative department of the local people's government at or above the county level shall be ordered to make corrections within a specified time on the basis of its functions and powers. If the employer fails to pay the annual leave, the employer should also pay compensation to the employee in addition to the amount of remuneration paid for the annual leave, if the overdue correction is not made.

Sixteenth workers and employers shall be dealt with in accordance with the provisions of the labor dispute settlement when labor disputes occur on annual leave.

Article seventeenth except for laws, administrative regulations or other provisions of the State Council, organs, public institutions, social organizations and workers who establish labor relations with them shall be implemented in accordance with these measures.

The annual leave of the crew shall be implemented according to the People's Republic of China seamen Ordinance.

The eighteenth "annual" in this method refers to the Gregorian calendar year.

The nineteenth measures shall come into force on the date of promulgation.

Promulgation date: 2008-9-18

Execution date: 2008-9-18