What is Paid Leave?

Paid annual leave means that workers can enjoy paid annual leave for a certain period of time after working continuously for more than one year.

Paid vacation

Implementing the system of paid annual leave for employees (hereinafter referred to as annual leave) is a common practice in the labor systems of countries around the world.

In June 1991,

Annual leave

The right to rest

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

2. Employees who have worked cumulatively for one year and less than 10 years are entitled to 5 days of annual leave; for those who have worked for 10 years and less than 20 years, have 10 days of annual leave; and for those who have completed 20 years, 15 days of annual leave. National statutory holidays and rest days are not counted as annual vacations.

3. Employees' working hours in the same or different employers, and in accordance with laws, administrative regulations or the provisions of the State Council, shall be counted as accumulated working hours.

4. If the employee is newly recruited by the employer and has worked continuously for more than 12 months, the number of days of annual leave in the current year shall be determined by conversion based on the remaining calendar days in the unit. The portion less than 1 full day after conversion is not entitled to annual leave. The specific conversion method is: (the remaining calendar days in the unit for the current year ÷ 365 days) × the number of annual vacation days that the employee should enjoy throughout the year.

5. The implementation measures for employees who do not enjoy the vacation of the year are as follows: ^[3]

Clarify that employees must accumulate working hours

The Regulations on Paid Annual Vacations for Employees only stipulates that employees of government agencies, groups, enterprises, institutions and other units can enjoy paid annual vacations if they have worked continuously for more than one year. Among them, employees who have accumulated work for one year and less than 10 years are entitled to 5 days of annual leave; for those who have worked for 10 years and less than 20 years, they have taken 10 days of annual leave; Since the regulations do not discuss how to calculate the working hours of employees, there are some disputes.

Published on the 27th

Although paid leave as a statutory system has been written into the Labor Law as early as 1994, although the "Employees' Paid Leave Regulations", which came into effect on January 1, 2008, has now expired for 5 years, but for many employees In terms of paid vacations, it is still just "in the mirror". In a survey conducted by the China Youth Daily Social Survey Center, 50.4% of people bluntly stated that their units do not implement paid vacations.
Now, the State Council has clearly put forward that the basic implementation of paid vacations for employees will be basically implemented in 2020, so that people can see the hope that the right to vacation will be fully implemented. However, the implementation of paid leave is obviously not something you can expect with your fingers. Achieving this goal requires not only a timetable, but also a roadmap.
The implementation of paid vacations is difficult. On the surface, it is caused by unequal rights and status between employers and employees. As a strong employer, "there is a need for horses to run and the horses not to graze." In the case of oversupply of labor, workers lack the right to speak and worry about losing their jobs and dare not take vacations. But at a deep level, insufficient public power support is the most important factor. On the one hand, the labor inspection departments and trade union organizations at all levels have failed to play their due roles, basically staying at the level of "not the people, not the officials", and lack the initiative to fight for benefits for workers; at the same time, the supervision of law enforcement departments is seriously ineffective. In place, although the "Regulations on Paid Annual Leave of Staff and Workers" stipulates relevant punishment measures, it has rarely been heard that useful units have been penalized for failing to implement paid leave for five years. Therefore, if paid vacations are to be realized in reality, effective measures must be taken to further strengthen the system guarantee.
First, it is enforced according to law. The "National Tourism and Leisure Program" states that "encourage agencies, groups, enterprises and institutions to guide employees to flexibly arrange vacation time throughout the year." If it is just encouragement, it cannot truly establish the employers 'respect for the workers' right to leave. As a legal right, paid vacation must have rigid support and be enforced according to law. As Cai Jiming, the head of the Tsinghua University Holiday Reform Task Force, said, "Any action that deprives employees of paid annual leave is a blatant violation of the law. It should be punished in accordance with relevant regulations such as the Labor Law, the Labor Contract Law, and incorporated into government administration, An important indicator of performance appraisal, even a one-vote veto. "

Second, refine relevant regulations. The great things in the world will be done carefully. Judging from the implementation, there are still some areas that need to be detailed in the "Regulations on Annual Leave for Employees with Pay". On the one hand, the regulations stipulate that compensation should be paid for the absence of rectification, but the specific standard language is unknown. It is necessary to formulate a quantitative standard, such as five to ten times the annual vacation pay, so that the cost of violations can be clearly seen, which can protect the rights and interests of workers and restrict the employer; The upper limit, for example, stipulates that it must not exceed 5% to prevent government agencies from issuing annual vacation pay as monetary benefits and increase financial burdens; to prevent enterprises from redeeming employees' vacation rights through benefit exchanges and deviating from the original intention of the vacation system.
Third, supervision takes the initiative. It must be seen that, for the sake of self-interest considerations, it is difficult for individual workers to be more authentic to the employer for paid vacations, and relevant departments and organizations are required to help them defend their rights. In foreign countries, if the employer does not act in accordance with the law, employees can seek help from the labor union or local citizen consultation offices, or they can appeal to the labor arbitration agency. At present, labor inspection departments and trade unions at all levels in China should give full play to their functions, take the initiative to intervene, play the role of laborers' spokespersons, and help them get justice.

Article 1 This Regulation is formulated for the purpose of implementing the Regulations for Annual Leave of Staff and Workers (hereinafter referred to as the Regulations).

Article 2 These Measures shall apply to enterprises, private non-enterprise units, self-employed industrial and commercial units (hereinafter referred to as employers) within the territory of the People's Republic of China, and employees who have established labor relations with them.

Article 3 Employees who have worked continuously for more than 12 months are entitled to paid annual leave (hereinafter referred to as annual leave).

Article 4 The number of annual leave days is determined according to the accumulated working hours of employees. Employees' working hours in the same or different employers, and deemed working periods in accordance with laws, administrative regulations or the provisions of the State Council shall be counted as accumulated working hours.

Article 5 Employees are newly recruited by employers and meet the requirements of Article 3 of these Measures.

Article 6 The state-approved vacations such as family visits, marriage and funeral leave, and maternity leave, as well as the period of suspension of pay due to work-related injuries, are not counted as annual vacation leave.

Article 7 Employees who enjoy more winter and summer vacation days than their annual vacation days do not enjoy the annual vacation of the year.

Article 8 Employees have already enjoyed the annual leave of the current year, and if one of the conditions specified in Article 4 (2), (3), (4), or (5) of the Regulations occurs during the year, they will not enjoy the annual leave of the next year.

Article 9 Employers shall arrange annual leave according to the specific conditions of production and work, and consider the wishes of the employees themselves. If the employer is unable to arrange annual leave for employees due to work needs or to arrange annual leave across one year, the employee's consent shall be obtained.

Article 10 If the employer does not arrange annual leave with the consent of the employee or arranges that the number of days of annual leave of the employee is less than the number of days of annual leave that should be taken, the employee shall pay the outstanding days of annual leave that the employee should take during the current year. Remuneration for vacations during the year, including the employer's payment of wages and salaries to employees during their normal work period.

Article 11 The daily wage income for the calculation of the salary for unpaid annual leave is calculated by dividing the monthly salary of the employee by the number of days of monthly salary (21.75 days).

The monthly salary referred to in the preceding paragraph refers to the average monthly salary of an employee after excluding overtime wages in the 12 months before the employer pays his salary for unpaid annual leave. If the employer has worked for less than 12 months, the average monthly salary shall be calculated based on the actual month.

Employees enjoy the same salary during their annual leave as during normal work. Implement piece rate, royalties or other

Meet people's needs and facilitate their timing.

Beijing, Shanghai, Guangzhou and other 10 universities,

Paid vacations will change the way people live,

On August 21, 2014, the State Council proposed strengthening the concept of vacations in accordance with the law in the whole society, and including the implementation of the paid annual leave system on the agendas of local governments as an important part of labor inspection and protection of employees' rights and interests. The State Council issued

Xinhua News Agency, Beijing, August 11th. Recently, the General Office of the State Council issued "Several Opinions on Further Promoting Tourism Investment and Consumption" (hereinafter referred to as "Opinions") to deploy reform and innovation to promote tourism investment and consumption.

The "Opinions" point out that tourism is a comprehensive industry for China's economic and social development, and an important part of the national economy and modern service industry. Promoting tourism investment and consumption through reform and innovation is of great significance for promoting the development of modern service industries, increasing employment and residents' income, and improving people's quality of life.

The "Opinions" propose 6 aspects and 26 specific measures. The first is to implement a tourism infrastructure improvement plan to improve the tourism consumption environment. Efforts should be made to improve the soft environment for tourism consumption, improve urban tourism consulting centers and distribution centers, strengthen the construction of roads and parking lots that connect scenic spots, strengthen the construction of tourism regional airports in the central and western regions, and vigorously promote the construction of tourist toilets. The second is to implement a tourism investment promotion plan and create a new tourism consumer market. Speed up the construction of self-driving RV camps, promote the development of cruise tourism industry, cultivate and develop the mass consumer market for yacht tourism, vigorously develop characteristic tourist towns, vigorously develop leisure and tourism products, vigorously develop tourism equipment manufacturing, and actively develop "Internet + tourism". The third is to implement the tourism consumption promotion plan and cultivate new consumption hot spots. We will enrich and upgrade special tourism products, actively develop tourism for the elderly, support the development of research tourism, and actively develop health tourism of traditional Chinese medicine. The fourth is to implement the rural tourism promotion plan and expand the space for tourism consumption. Adhere to the development direction of individualized and characteristic rural tourism, improve supporting facilities for leisure agriculture and rural tourism, carry out millions of rural tourism maker activities, and vigorously promote rural tourism to alleviate poverty. The fifth is to optimize vacation arrangements and stimulate demand for tourism consumption. Implement the paid vacation system for employees, encourage peak vacations, and encourage flexible work and rest. Sixth, we will intensify reform and innovation to promote sustained growth in tourism investment and consumption. Increase government support, implement the policy of differentiated land use and marine islands in tourism, and expand financing channels for tourism enterprises. ^[9]