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China Employees' Paid Annual Leave

According to the Regulations of the People's Republic of China on Employees' Paid Annual Leave and the Measures for the Implementation of Enterprise Employees' Paid Annual Leave, the relevant provisions on annual leave are as follows:


1Employees who have worked continuously for more than 1 year (more than 12 months) are entitled to paid annual leave. Continuous work here refers to social seniority, that is, the cumulative number of years worked in different employers.


2. Employees who have worked for more than 1 year but less than 10 years are entitled to an annual leave of 5 days; For those who have more than 10 years but less than 20 years, the annual leave is 10 days; For those who have reached 20 years, the annual leave is 15 days per year.


3. National statutory holidays, weekends, family leave, marriage and funeral leave, maternity leave and other holidays stipulated by the state and the period of work stoppage due to work-related injury are not included in the annual leave days.


4. If an employee is new to the organization and enjoys annual leave, the number of annual leave days in the current year shall be determined according to the conversion of remaining calendar days in the organization, and the part less than 1 full day after conversion shall be invalid.


5. When the employer rescinds or terminates the labor contract with the employee, if the employee fails to take the full amount of the annual leave days due in the current year, the employee shall convert the number of the annual leave days due and pay the annual leave salary remuneration according to the working time of the employee in the current year, but the part less than 1 full day after conversion shall not be paid. If the employer has arranged annual leave for the employee in the current year, the number of days more than the converted annual leave shall not be deducted back.


6. Employees under any of the following circumstances shall not enjoy the annual leave of the current year:

(1) Employees enjoy winter and summer vacations in accordance with the law, and their vacation days are more than the annual leave days entitled; (If the number of winter and summer vacation days enjoyed by the employee is less than the number of annual leave days due to work needs, the employer shall arrange to make up the number of annual leave days).

(2) Employees ask for personal leave for more than 20 days and the organization does not deduct wages according to internal regulations;

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

(4) Employees who have worked for 10 to 20 years in accumulative terms and take sick leave for more than 3 months;

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

An employee who has already enjoyed the annual leave of the current year, and who occurs in any of the circumstances specified in the above item (2), (3), (4) or (5), shall not enjoy the annual leave of the following year.


7. Annual leave can be arranged centrally or segmented within a year, and generally does not span the year. If it is really necessary for an organization to arrange annual leave over one year due to the characteristics of production and work, it may be arranged over one year, but it should obtain the consent of the employees themselves.


8. If the organization cannot arrange annual leave for employees due to work needs, and with the consent of the employees, for the unused number of annual leave that an employee should take but does not take, the organization shall pay 300% of the daily wage income of the employee for unused annual leave days, including the wage income paid by the employer to the employee during the normal working period.


9. The daily wage income for calculating the salary remuneration for the annual leave shall be converted according to the employee's monthly salary divided by the number of days of monthly salary (21.75 days). The term "monthly wage" here refers to the average monthly wage of the employee after excluding overtime pay in the past 12 months. If you have worked in the employer for less than 12 months, the average monthly wage shall be calculated according to the actual month and days.