Regulations On Paid Annual Leave For Employees
Article 1. These Regulations are formulated in accordance with the labor law and the civil servant law in order to safeguard the right of workers to rest and leave and arouse the enthusiasm of staff and workers.
Second organs, organizations, enterprises, institutions, private non enterprise units, employees of individual industrial and commercial units and other units for 1 years or more, enjoy paid annual leave (hereinafter referred to as annual leave).
The unit shall ensure that employees enjoy annual leave.
Employees enjoy the same wage income during the annual leave period.
The third workers have accumulated 1 years of work for less than 10 years, 5 days of annual leave, 10 days of annual leave for 10 years, less than 20 years, and 15 days of annual leave for 20 years.
The national statutory holidays and rest days do not include annual leave.
Fourth employees who are under one of the following circumstances do not enjoy the annual leave of the year:
(1) the workers enjoy the winter vacation in accordance with the law, and the number of days off is more than that of the annual vacation days.
(two) employees should ask for a leave of absence for more than 20 days, and the unit does not deduct wages according to the regulations.
(three) cumulative workers who have worked for 1 years or less than 10 years will ask for sick leave to accumulate for more than 2 months.
(four) cumulative workers who have worked for 10 years or less than 20 years will ask for sick leave to accumulate for more than 3 months.
(five) employees who have accumulated more than 20 years' work shall have a sick leave for more than 4 months.
According to the specific circumstances of production and work and the wishes of employees, the fifth units shall make overall arrangements for staff annual leave.
Annual leave can be arranged centrally in 1 years, and it can also be arranged in a piecewise manner.
Because of the characteristics of production and work, it is necessary for the unit to arrange annual leave for employees, and it can be arranged in 1 years.
If the unit does not arrange for employees to take their annual leave due to their work needs, they may not arrange for their employees to take their annual leave after their own consent.
The number of days off should be paid by the workers, and the unit should pay 300% of the daily wage of the worker's daily wages.
The sixth personnel departments and labor security departments of the local people's governments at or above the county level shall, on the basis of their functions and powers, actively supervise and inspect the implementation of these regulations by the units.
Trade unions shall safeguard the employees' annual leave right according to law.
If seventh units do not arrange annual leave for employees and do not pay annual leave in accordance with the provisions of this regulation, the personnel department or labor and Social Security Department of the local people's government at or above the county level shall be ordered to make corrections within a prescribed time limit according to their functions and powers. If a person fails to make corrections within the time limit, he shall pay the employee compensation in addition to the amount of annual leave paid in addition to ordering the unit to pay the annual leave pay. If he refuses to pay the annual leave pay and compensation, he or she shall belong to the unit of the civil servant and the staff under the management of the civil servant law, and the person in charge directly responsible and other persons directly responsible shall be punished according to law.
Eighth disputes between employees and units due to annual leave shall be dealt with in accordance with the relevant laws and administrative regulations of the state.
Ninth the personnel department of the State Council and the labor and social security department under the State Council shall, in accordance with their respective functions and powers, formulate measures for the implementation of these regulations respectively.
The tenth regulations shall come into force on January 1, 2008.
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