Will A Paid Annual Leave Be Cleared For One Year?

In 2017, many people regret that 2016's paid annual leave is not over.

Can an annual vacation be changed into a salary? Will the year-end vacation be cleared at the end of the year? Can it be rolled to the next year like mobile phone traffic?

In January 7th, the relevant experts said in an interview with reporters that the employing units could not arrange annual leave for employees or arrange annual leave in 1 years because of their work needs.

The experts also said that according to the current law, employers are necessary for their production and work characteristics.

Arrangements for staff annual leave can be arranged in 1 years.

That is to say, employers should not leave the annual leave with pay on the pretext of cross year.

According to the relevant regulations, workers who work continuously for more than 1 years can enjoy paid vacation and enjoy the same wage income during the annual leave period.

"Units should make overall arrangements for staff annual leave according to the specific circumstances of production and work, and considering the wishes of employees themselves."

Shen Jianfeng, associate professor of the Department of law of China Institute of Industrial Relations, said that according to the fifth regulations on annual leave of workers with salary, "annual vacation can be arranged in 1 years, but also can be arranged in section, generally not across the year."

Because of the characteristics of production and work, it is necessary for the unit to arrange annual leave for employees across the year, and it can be arranged in 1 years. "

In addition, the implementation method of paid annual leave for enterprise employees is also clear. "Employers must be able to arrange annual leave for employees because of their work needs or arrange annual leave in 1 years."

At the same time, Shen Jianfeng reminded that employees who had not completed their annual vacation could require employers to make 3 times wage compensation.

The tenth provision for the implementation of paid annual leave for enterprises is stipulated in the following article, "the employer shall not arrange annual leave with the consent of the employee or the number of days for the workers to take the annual leave less than the annual rest days. The number of days off for the workers should be paid in this year, and the annual salary of the annual leave shall be paid according to 300% of their daily wages, which shall include the employing unit paying the wages of the workers during the normal working period."

"Workers have accumulated 1 years of work for less than 10 years, annual leave for 5 days; 10 years less than 20 years, annual leave 10 days; 20 years of annual leave 15 days."

According to the calculation of the days of annual leave, Zhang Huimin, lawyer of Beijing Ying Ke (Tianjin) law firm, explained that according to the "paid year" for the employees of enterprises

The Implementation Measures stipulate that "workers who have worked continuously for more than 12 months are entitled to paid annual leave".

Here, the explanation of "workers' continuous work for more than 12 months" includes both workers' continuous work for more than 12 months in the same employer, including the continuous work of employees in different employers for more than 12 months.

That is to say, the number of days off is determined according to the cumulative working hours of employees.

Before and after the Spring Festival, it is the small peak of job hopping.

Zhang Huimin reminded laborers to change.

If the laborers advocate the right to take paid leave, it is necessary to prove the working hours and vacations. Therefore, in order to reduce the burden of proof, when the laborers leave, they should ask the original unit to indicate the working life and vacation status in the certificate of termination or termination of the labor contract.

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