The provisions of the State paid annual leave Shen Binti lawyers answer

[The provisions of the State paid annual leave Shen Binti lawyers answer2008Years1Month1The date of the formal implementation of the "Regulations on paid annual leave for employees", make the system of annual paid vacation finally in a much anticipated the dust settles. In order to protect and enhance the regulations for the implementation of the operation, human resources and social security department2008Years9Month18DayIssued the "enterprise staff paid year leave of absence measures", these two regulations for workers to enjoy paid annual leave provided a solid basis for. The new law3Years, how to correct understanding of these Provisions, the ordinary workers and some unitsHRSpeaking, still has some confusion, today, Beijing labor law lawyer Shen Binti will lead you to visit"Paid annual leave regulations"Legal issues.

The state of common problems in the implementation of paid annual leave:

1The work, paid annual leave for employees working requirement: (continuous service does not require is the unit of the continuous working time)1Years, paid annual leave. This means that, although an employee may be just entering the work by other units, but as long as he is in other work units for1Years, it has enjoyed a statutory annual leave basic qualification.

2, employees enjoy paid annual leave days and their seniority hook:Total staff is full1Years of discontent10Years, paid annual leave5Full day10Years of discontent20Years, paid annual leave10Full day20Years, paid annual leave15Day. Shen Binti lawyer reminded: the employer arranges laborer to leave is higher than that of the standard will not interfere, but lower than the statutory standards should be in accordance with the statutory standards did not pay off paid annual leave pay.

3,Employees should not enjoy paid annual leave: any of the following circumstances, was not entitled to annual leave:1) workers to enjoy the summer vacation days, more than the annual leave days; 2Please leave a total staff)20Days and the employer doesn't deduct wages; 3The total working full)1Years of discontent10Years of workers, the accumulated sick leave2More than one month;4The total working full)10Years of discontent20Years of workers, the accumulated sick leave3More than one month;5The total working full)20Years of workers, the accumulated sick leave4More than one month.

4Method of calculation, workers paid annual leave pay: employee new employer and accord with enjoy the annual leave with pay conditions, the annual leave days in the remaining calendar days of the company in accordance with the calculated, After the conversion of less than1All the parts do not enjoy annual leave, the specific translation methods for (when the annual units in the remaining calendar days365Day)*The employee shall enjoy the annual leave days. Interpretation: Wang from the case2008Years7In the graduation at the start ofAThe company, after2009Years9Month1Day jobBCompany. Q: Wang should from what time to start inBThe company paid annual leave? The implementation of the provisions of article fifth of the "measures" according to annual leave with salary, Wang enteredBThe company, has been working for more than a year, we should have started to enjoy paid annual leave qualification. At the same time, according to the provisions of the second paragraph of this article: "the provisions of the preceding paragraph as translation methods: (when the annual in the remaining calendar days of the company365Day) * the employee shall enjoy the annual leave days." We can also figure out2009Wang in the yearBCompany can enjoy paid annual leave days. The remaining "calendar days"122Day, he this year's annual leave days should be (122÷365) *5The day is1.67Day. Because0.67Defects1All day, so he at this year's annual leave days is1Day.

5The workers I, except for personal reasons endlessly and make written waiver vacation rights commitments, the employing units in the year to staff not annual vacation days in accordance with their daily wage income300%Payment of wages. Shen Binti lawyer reminded:1) if the employer to exempt payment of unused paid annual leave compulsory, there must be evidence for individual workers up for Hugh annual leave with pay, which should be written evidence.2) did not rest paid annual leave wages shall generally be in when the annual payment, otherwise will be owed workers wages behavior. Labourers shall have the right to "labor contract law" article38A notice of termination of labor contract, and to the unit for forced to terminate the labor contract of economic compensation.3) paid annual leave should generally be arranged within one year, the employer is necessitated by work cross1Annual arrange annual vacation, shall obtain the consent of the employee, and preserve evidence of consent.

6Leave, paid annual leave pay: employee turnover, such as after the conversion of remaining annual leave, the employer shall, in accordance with their daily wage income300%(including normal wage paid in100%, needing to pay200%Annual leave) not to pay wages, lack of1The day is no longer part of the payment of the payment for untaken annual leave days. Workers have been on vacation days than translation should take annual leave before leaving, laws and regulations can not back. In order to avoid the annual leave with pay disputes, the employer may holiday and other arrangements by departing employees to take over when the annual leave.

7If not, a timing working employees enjoy paid annual leave, there are two kinds of views. One view is that no fixed hours system, workers every working day no fixed working time limit, in a certain period of time, the workers are working or resting, the employer will not know. According to the "Interim Provisions" wage payment provisions of article thirteenth, workers are not fixed hours system, not the implementation of overtime. As a consequence, the provisions do not apply to workers paid annual leave uncertain working time system. Another view is that the,Paid annual leave is every employee has the right to. The reasons are as follows:1)"Regulations on paid annual leave for employees" second stipulates: "the organs, organizations, enterprises, institutions, private non enterprise units, individual businesses with employees and other units for employees working1Years, paid annual leave (hereinafter referred to as annual leave)." According to this provision, paid annual leave application scope includes the organs, organizations, enterprises, institutions, private non enterprise units, individual businesses with employees and other units of the staff, not comprehensive working hour system employees excluded.2) did not rest paid annual leave wage nature not overtime properties, "Interim Provisions" pay thirteenth of workers is irregular working hours system for the implementation of the non implementation of overtime, the irregular working hours system employees do not enjoy overtime laws and regulations can not infer that the irregular workers do not enjoy paid annual leave for employees.3) labor law and supporting facilities are in order to protect the legitimate rights and interests of workers, so if there are legal provisions unclear circumstances, should be made in favor of the explanation. So the second view, unless there is a local regulations and policies to support, otherwise, no fixed hours system staff also should enjoy paid annual leave. In addition, the support is not flexible working hour system not to enjoy paid annual leave provisions of the local policy of labor and Social Security Department of Zhejiang province "on the implementation of opinions" enterprise employees paid vacation system, the provisions of article eleventh, approval shall not timing the worker, do not apply for annual leave should not payment3Times wage regulations. The two different viewpoints, lawyer Shen Binti identity in the second point of view.

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  Beijing Shen Binti the labor law service address: Beijing Dongzhimen South Street No. 3 building 18 floor, even smell the law firm; e-mail:Shenbinti@yahoo.com.cn  Business telephone: (+86)15301115671 (+86) 13661313967 ; interactive blog: http://blog.sina.com.cn/shenbinti

   Shen Binti's brief introduction: Shen Binti, female, Beijing City Labor and Social Security Law Association, Xiamen University, master of law, Beijing labor law expert, Beijing Wen law firm partner. Research on the legal disputes in the Shen Binti lawyers professional solution, focus on the cases of labor disputes and labor law, labor law training service as a special consultant. Practising address: Beijing Dongzhimen South Street No. 3 has 18 floor building; e-mail:Shenbinti@yahoo.com.cn Business telephone: (+86) 15301115671 (+86) 13661313967 ; interactive blog: http://blog.sina.com.cn/shenbinti