Sorry, Only 8 Days Off Left This Year

The Mid-Autumn Festival and National Day holidays are coming soon. Unforunately, this year, the two festival are merged into one. That gives us 8 days off but unfortunately, those are the last holidays left in the year.

Don’t think the holidays are enough? Well, you may still have paid days off left from your company.

The "Regulations on Paid Annual Leave for Employees" stipulates that employees of government agencies, organizations, enterprises, institutions, private non-enterprise units, and individual industrial and commercial households with hired employees who have worked continuously for more than one year are entitled to paid annual leave (hereinafter referred to as annual leave). Paid Vacation.

According to relevant regulations:

• If the employee has worked for more than 1 year but less than 10 years, the annual leave is 5 days;

• For those who have reached 10 years but not 20 years, the annual leave is 10 days;

• If 20 years have passed, the annual leave is 15 days.

• National statutory holidays and rest days are not counted as annual vacation days.

If you meet the requirement of "working continuously for more than one year", you can apply for annual leave from your unit.

Li Yalan, president of the Heilongjiang Lawyers Association, explained that according to relevant regulations, the right to decide on vacation arrangements for the new year is actually given to the employer, and it is often difficult for workers to arrange vacation time on their own. According to a survey data from the Tourism Research Center of the Chinese Academy of Social Sciences, only more than 30% of the workers in the country "have paid annual leave, which can be taken and can be arranged independently".

This means that if workers miss this year’s annual leave and want to take annual leave, they are likely to wait another year.

If the company does not arrange employees to take annual leave, they need to pay 3 times the salary

The “Regulations on Paid Annual Leave for Employees” stipulates: “If an entity cannot arrange annual leave for an employee due to work needs and the employer does not arrange annual leave with the consent of the employee, the annual leave salary shall be paid up to 300% of the employee’s daily salary."

Eligible employees can apply to the unit for annual leave this year. However, the employer may not arrange annual leave for the employees without the consent of the employees themselves.

If the employee’s wages during the untaken annual leave have been paid normally, the employer only needs to pay another 300% of the employee’s daily wage income.

It is worth noting that even employees who meet the leave requirement of "working continuously for more than one year" may not be able to enjoy the annual leave of the year.

Article 4 of the "Regulations on Paid Annual Leave of Employees" stipulates: "Employees who have one of the following circumstances do not enjoy the annual leave of the year:

(1) The employee enjoys winter and summer vacations in accordance with the law, and the number of vacation days is more than the number of annual vacation days;

(2) The employee has taken personal leave for more than 20 days and the unit does not deduct wages in accordance with the regulations;

(3) Employees who have worked for more than 1 year but less than 10 years have taken sick leave for more than 2 months;

(4) Employees who have worked for more than 10 years but less than 20 years have taken sick leave for more than 3 months;

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

Source: 今年只剩8天假？这些人还能多休一个“小长假”！

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