Annual leave regulations

Recently, the State Council issued "Several Opinions on Promoting the Reform and Development of Tourism", demanding that the implementation of paid annual leave system be included in the agenda of local governments, as an important part of labor supervision and protection of workers' rights and interests, and specific measures should be introduced before the end of June 2065438. In the interview, the reporter found that the current Regulations on Paid Annual Leave for Employees has no legal effect, and the compensation for unpaid leave given by enterprises is far lower than the state regulations.

According to the "Implementation Measures for Paid Annual Leave for Enterprise Employees" implemented since 2008, "employees who have worked continuously 12 months or more are entitled to paid annual leave. If the employer fails to obtain the employee's consent to arrange annual leave, or if the number of annual leave days arranged for the employee is less than the number of annual leave days, it shall pay 300% of the employee's daily salary according to the number of annual leave days, including the wage income paid by the employer during the normal work of the employee. "

Calculate the daily salary income of annual leave, and divide the employee's monthly salary by the paid days.

(2 1.75 days) for conversion. Assuming a monthly salary of 3,000 yuan, you can take five days' annual leave after working for three years, and the compensation for uninterrupted annual leave is 2,069 yuan (3,000 ÷ 21.75) × 300% × 5 = 2,068.96 yuan).

During the interview, the reporter learned that when it comes to salary, most employees of the company said that they have never enjoyed it. Even if there is compensation for endless annual leave, it is a symbolic compensation for 300 yuan and 500 yuan, with the maximum not exceeding 1000 yuan.

The Regulations on Paid Annual Leave for Employees and the Measures for the Implementation of Paid Annual Leave for Enterprise Employees stipulate that employees who have worked for more than 1 year but less than 10/year will have an annual leave of 5 days; Annual leave 10 days if it is over/kloc-0 years but less than 20 years; Annual leave 15 days for those who have completed 20 years. National statutory holidays and rest days are not included in the annual leave. During the interview, it was found that there are not many companies that can implement this kind of annual leave, and most of them can't take a vacation because of personal and work reasons. "Everyone should be responsible for their own work. When we propose to take annual leave, the leader will ask, who will replace you? " Xiao Li, who works in a company in Shenyang, said that for them in performance appraisal, annual leave is just a yearning, and they dare not take it if they want to.

The reporter also learned that due to the lack of clear constraints and treatment methods in enterprises, the regulations on paid leave for employees have always been "beautiful". The promulgation of the "Opinions" has included annual leave in the scope of labor inspection. Liaoning Provincial Department of Human Resources and Social Security said that the specific measures will be strictly implemented in accordance with state regulations.

The State Council issued new regulations on vacation 20 15.

Recently, the Central Committee and the State Council issued "Opinions on Building Harmonious Labor Relations", which made it mandatory to protect employees' right to rest and vacation! Family leave, marriage leave, maternity leave, annual leave, sick leave ... The question is: Do you know what vacation rights you enjoy? Do you know how to defend your holiday? Come and learn from me!

Family leave: refers to the time for employees to reunite with their spouses and parents. In addition, they are given travel leave according to actual needs. (1) Employees who visit their spouses are granted a family leave once a year, with a holiday of 30 days.

(2) In principle, unmarried employees' home leave is once a year for 20 days, or once every two years for 45 days according to the actual situation.

(3) Married employees are given a family leave every four years, with a holiday of 20 days.

Subject conditions: Only employees working in state organs, people's organizations and state-owned enterprises and institutions can enjoy the treatment of home leave.

Time conditions: working for one year.

Subject conditions: first, if you don't live with your spouse and can't get together on public holidays, you can enjoy the treatment of visiting your spouse; Second, those who do not live with their parents and cannot be reunited on public holidays can enjoy the treatment of visiting their parents.

"You can't get together on public holidays" means that you can't stay at home for one night and rest for half a day on public holidays.

Marriage leave: Marriage leave refers to the leave that workers enjoy when they get married.

① Employees who are legally married (women over 20 years old and men over 22 years old) can enjoy 3 days of marriage leave.

② Employees who meet the age of late marriage (female 23 years old, male 25 years old) who get married for the first time can enjoy 15 days of late marriage leave. (3) If both men and women are not in the same place when they get married, they can take a vacation according to the distance.

④ Employees who remarry can enjoy legal marriage leave, but not late marriage leave.

Maternity leave: refers to the leave treatment of working women before and after delivery.

① Female employees enjoy 98 days of maternity leave, including 15 days before maternity leave.

② In case of dystocia, maternity leave will be increased 15 days.

(3) For multiple births, the maternity leave will be increased by 1 5 days for each additional child.

(4) Female employees who have miscarried four months before pregnancy are entitled to 15 days maternity leave; Abortion after 4 months of pregnancy is entitled to 42 days of maternity leave.

⑤ Maternity leave is a continuous holiday, including public holidays and statutory holidays.

Holiday in 2008

① Employees who have worked for more than 1 year but less than1year are entitled to 5 days of annual leave.

② Annual leave 10 days for those who have reached the age of 10 but less than 20 years.

③ Annual leave 15 days for those who have completed 20 years.

④ The annual leave salary payment standard is: every 1 day is 300% of the daily salary of the year when I should take annual leave.

⑤ National statutory holidays and rest days are not included in annual leave.

work injury leave

(1) employees who are injured by accidents or occupational diseases at work are treated and enjoy medical treatment for work-related injuries.

(2) The period of shutdown with pay is generally not more than 12 months. In case of serious injury or special circumstances, it may be appropriately extended after confirmation by the labor ability appraisal committee, but the extension period shall not exceed 12 months.

(3) Workers with work-related injuries shall stop the original treatment and enjoy the disability treatment after assessing the disability level. Workers with work-related injuries who still need treatment after the expiration of paid shutdown shall continue to enjoy medical treatment for work-related injuries.

Sick leave: when employees need to stop working for medical treatment due to illness or non-work-related injuries, they are given 324 months of sick leave. (1) Employees with less than 10 years of working experience and less than 5 years of working experience in this unit are entitled to sick leave for 3 months; More than five years is six months.

(2) Employees who have worked at 10 for more than 5 years and have worked in our company for less than 5 years are entitled to 6 months of sick leave; More than 5 years/kloc-0 and less than 9 months; More than 10 years and less than 15 years is 12 months; 15 years and less than 20 years is 18 months; More than 20 years is 24 months.

(3) During the medical treatment period, employees' sick pay, disease relief funds and medical treatment shall be implemented according to relevant regulations.

No rest? It's illegal, you know!

"Opinions on Building Harmonious Labor Relations" If an enterprise arranges its employees to extend their working hours due to the needs of production and operation, it shall negotiate with the trade unions and employees and pay overtime wages in full according to law.

Article 41 of the Labor Law of People's Republic of China (PRC) * * * Due to the needs of production and operation, the employer may extend the working hours after consultation with the trade unions and workers, and generally the working hours per day shall not exceed one hour; If it is necessary to extend the working hours for special reasons, the extended working hours shall not exceed three hours a day and thirty-six hours a month under the condition of ensuring the health of the workers.

Article 42 Under any of the following circumstances, the extension of working hours is not restricted by the provisions of Article 41 of this Law: during the statutory holidays, the employer shall pay no less than 300% of the workers' wages, and shall not substitute compensatory holidays for rest.

If workers are arranged to work on rest days, but they cannot arrange rest days or compensatory rest days, they shall be paid no less than 200% of the workers' wages.

If the working hours are extended, the employee shall be paid no less than 150% of the employee's salary.

Interpretation of laws and regulations

The person in charge of the Legislative Affairs Office of the State Council answered a reporter's question on the Regulations on Paid Annual Leave for Employees;

On June 5, 2007+February 6, 2007+April 5, 2007, Premier the State Council signed the the State Council Order, promulgating the Regulations on Paid Annual Leave for Employees (hereinafter referred to as the Regulations), which will take effect from June 5, 2008 +20081October 6. The reporter interviewed the person in charge of the Legislative Affairs Office of the State Council in view of the paid annual leave of employees, which employees are very concerned about.

Q: What is the background of the regulations?

It is a common practice in labor systems all over the world to implement the system of paid annual leave for employees. The party and the state attach great importance to the construction of annual leave system in China. 1991June, the Central Committee and the State Council issued the Notice on Employees' Vacation, stipulating that party and government organs, people's organizations, enterprises and institutions at all levels can arrange annual leave for employees on the premise of ensuring the completion of work and production tasks and not increasing the number of employees. The number of annual leave days of employees should be different according to the qualifications and positions of various personnel, and at most it should not be. The Labor Law promulgated by the National People's Congress Standing Committee (NPCSC) in July 1994 and the Civil Service Law promulgated in April, 2005 both stipulated in principle the issue of employees' vacation, and the employees' right to rest was guaranteed to a certain extent. At the same time, there are still some problems in practice, mainly: only organs, institutions, some organizations and enterprises have implemented the annual leave system, and a considerable number of enterprises, organizations and individual industrial and commercial households with employees have not implemented the annual leave system; In the units that have implemented the annual leave system, many employees have actually not enjoyed the annual leave treatment for many years due to busy work and other reasons; Employees who do not enjoy annual leave due to the work needs of the unit have not received corresponding economic compensation. With the development of China's economy and society, the broad masses of employees and all walks of life generally call for improving the annual leave system of employees in China as soon as possible. In August 2007, according to the spirit of the the State Council executive meeting, the Legislative Affairs Office invited relevant departments to study and draft the Regulations on Paid Annual Leave for Employees (Draft), and published the full text of the draft for comments through newspapers, internet and other news media for public comments. From the feedback, all localities, departments and all walks of life generally believe that the State Council started to improve the annual leave system shortly after the closing of the party, and publicly solicited opinions from all walks of life. This is another important measure for the State Council to seriously practice Scientific Outlook on Development, pay attention to people's livelihood and make scientific and democratic decisions. All parties fully affirmed the adoption of administrative regulations to standardize the annual leave system, and agreed with the main contents of the draft for comments. At the same time, some opinions and suggestions are put forward. According to these opinions and suggestions, we revised and improved the Regulations on Annual Leave for Employees (Draft), which was submitted to the the State Council executive meeting for deliberation and promulgation, and will come into force on New Year's Day next year. What needs special explanation here is that the drafting of the regulations has received strong support from various localities, departments and all walks of life. We express our heartfelt thanks for this.

Q: Who can enjoy the annual leave?

The right to rest is a civil right stipulated in the Constitution of our country, and workers should enjoy it equally. In order to equally protect the right to rest and vacation of all kinds of employees and fully mobilize the enthusiasm of the broad masses of employees, the regulations cover all kinds of employers and stipulate: enjoy paid annual leave. The unit shall ensure that employees enjoy annual leave.

Q: How many days is the annual leave?

In the process of soliciting opinions, some localities, departments and netizens hope to increase the annual vacation days from 15 days to 20 or 25 days at most. After repeated research with relevant departments, we believe that it is completely understandable to ask for an increase in the number of vacation days, but the number of vacation days per year should be compatible with China's current economic and social development level and the affordability of enterprises and other units. At the same time, the regulations also stipulate that national statutory holidays and rest days are not included in the annual leave.

Q: What if employees cannot take annual leave due to work reasons?

There are indeed some employees who can't take annual leave because of work needs. In order to protect the rights and interests of these employees, the regulations stipulate that if employees do not enjoy annual leave due to work reasons, the unit shall pay corresponding compensation in addition to normal wage income. As for the standard of compensation, in the process of soliciting opinions, many people think that it should conform to the provisions of the labor law, "if workers are arranged to work on statutory holidays, they should pay not less than 300% of their wages." Accordingly, the regulations stipulate that if the unit really cannot arrange annual leave for employees due to work needs, it may not arrange annual leave for employees with the consent of the employees themselves. The number of days of annual leave that employees should take, the unit shall pay the annual leave salary according to 300% of the daily salary of employees.