What Should I Do If I Didn't Take A Paid Annual Vacation Last Year?

On the morning of February 4th, second days after the Chinese New Year's holiday, Li Rui and his colleagues at a certain hospital in the high tech Development Zone engaged in logistics management services. The focus is on whether or not the annual vacation that should be vacant last year has been "cleared" this year. Is it possible to make a rest this year? Can the annual vacation last year be compensated by wages?

In response to these problems, the reporter interviewed Zhao Yansong, a senior lawyer who has been engaged in labor protection for a long time. He said frankly that according to the current law, employers must arrange the annual leave for 1 years in the light of the characteristics of production and work. That is to say, employers can not take annual leave as an excuse. Zero clearing 。

Zhao Yansong told reporters that according to the relevant regulations, employees who work continuously for more than 1 years can enjoy paid annual leave and enjoy the same wage income during the annual leave period. According to the fifth regulations on annual leave with pay for employees, "annual leave can be arranged centrally in 1 years, and can be arranged in stages. Generally, no annual arrangement is made. Because of the characteristics of production and work, it is necessary for the unit to arrange annual leave for employees across the year, and it can be arranged in 1 years. " In addition, enterprises Workers The implementation method of paid annual leave is also clear. "Employers must be able to arrange annual leave for workers because of their work needs or arrange annual leave in 1 years," the employee agrees. Accordingly, in other words, for employees who should take the rest of the year off last year, the unit should arrange for workers to make up for rest this year.

According to the tenth provision for the implementation of paid annual leave for employees of enterprises, the article provides that: "the employer shall not arrange annual leave with the consent of the employee or arrange the number of days off for 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 shall be paid according to 300% of the daily wage income, which includes the employing unit paying the wages of the workers during normal working period." Zhao Yansong said that employees who did not take the annual leave of the year could require employers to make 3 times wage compensation.

"Workers have accumulated 1 years of work for less than 10 years, annual leave for 5 days; 10 years less than 20 years, annual leave 10 days; 20 years of annual leave 15 days." According to the calculation of the days of annual leave, Zhao Yansong explained that according to the implementation measures of paid annual leave for enterprise employees, "workers who enjoy continuous work for more than 12 months are entitled to" Paid Annual Leave " The contents of "continuous work for more than 12 months" include both workers' continuous work for more than 12 months in the same employer, as well as the continuous employment of employees in different employers for more than 12 months. That is to say, the number of days off is determined according to the cumulative working hours of employees.

If the employee's pay off period is not over, the employee has the right to wait for the company to pay overtime after the end of the wage settlement cycle. The year-end bonus shall be implemented in accordance with the stipulations of the two parties' labor contracts. As for annual leave, unless employees voluntarily give up the right to annual leave. Otherwise, if the employee asks for a leave before leaving the company, the company shall arrange for the employee to take the rest of the annual leave before the employee leaves the place without arranging the annual leave. Or, according to the working hours of the workers, they should convert the number of days off for the rest of the year off and pay the annual salary for the non annual leave, but the portion that is less than a full day after the conversion will not pay the annual salary. The calculation standard of annual leave compensation is to pay the annual leave pay in accordance with 300% of its daily wage income, which includes the employing unit to pay wages for the workers during normal working period.

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