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Annual Leave Basics

Reliant Team Reliant 睿来 2023-01-03

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Commonly cited provisions from Regulations on Paid Annual Leave for Workers.


Article 3 - Annual Leave Entitlements 


Workers who have worked cumulatively for 1 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 leave.


第三条  


职工累计工作已满1年不满10年的,年休假5天;已满10年不满20年的,年休假10天;已满20年的,年休假15天。


国家法定休假日、休息日不计入年休假的假期。


Article 4 - Exceptions to Annual Leave Entitlements 


If a worker has any of the following circumstances, s/he will not enjoy the annual leave of the year:


(1) Workers who enjoy winter and summer vacations according to law, and their vacation days are more than annual vacation days;

(2) Workers who have taken leave for more than 20 days and the employer has not deducted wages in accordance with regulations;

(3) Workers who have worked cumulatively for 1 year but less than 10 years, who have requested sick leave for more than 2 months in total;

(4) Workers who have worked cumulatively for more than 10 years but less than 20 years, and who have requested sick leave for more than 3 months in total;

(5) Workers who have worked for more than 20 years and who have taken sick leave for more than 4 months.


第四条


职工有下列情形之一的,不享受当年的年休假:


(一)职工依法享受寒暑假,其休假天数多于年休假天数的;

(二)职工请事假累计20天以上且单位按照规定不扣工资的;

(三)累计工作满1年不满10年的职工,请病假累计2个月以上的;

(四)累计工作满10年不满20年的职工,请病假累计3个月以上的;

(五)累计工作满20年以上的职工,请病假累计4个月以上的。


Article 5 - Right to Arrange Annual Leave, Pay for Untaken Leave


Based on the specific conditions of production and work, and taking into account the wishes of the workers themselves, the employer will arrange annual leave for the workers.


Annual leave can be arranged in a centralized manner within one year, and can also be arranged in sections. Generally, leave should not be arranged across years. If it is necessary for the employer to arrange annual leave for workers due to production and work characteristics, it may be arranged across one year.


If the employer is unable to arrange annual leave for workers due to work needs, the employer may arrange, with worker consent, for workers to not take annual leave. In this case, for the number of days of annual leave that a worker should take, the employer shall pay the annual leave salary according to 300% of the worker’s daily wage.


第五条  


单位根据生产、工作的具体情况,并考虑职工本人意愿,统筹安排职工年休假。


年休假在1个年度内可以集中安排,也可以分段安排,一般不跨年度安排。单位因生产、工作特点确有必要跨年度安排职工年休假的,可以跨1个年度安排。


单位确因工作需要不能安排职工休年休假的,经职工本人同意,可以不安排职工休年休假。对职工应休未休的年休假天数,单位应当按照该职工日工资收入的300%支付年休假工资报酬。

 

Regulations on Paid Annual Leave for Workers

职工带薪年休假条例

http://www.gov.cn/ziliao/flfg/2007-12/16/content_835527.htm



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