How do I check whether I have annual leave?

I believe that every office worker knows about annual leave, but some office workers don't know how to take annual leave, or even how to check whether they can take annual leave. Here's how to find out if they have annual leave for you. I hope you like it!

Find out if there is any way to take annual leave.

According to the Regulations on Paid Annual Leave for Employees in the State Council, employees who have worked for 1 year and less than1year are entitled to an annual leave of 5 days; Annual leave 10 days if it is over/kloc-0 years but less than 20 years; Annual leave 15 days for those who have completed 20 years. National statutory holidays and rest days are not included in the annual leave. Employees are not entitled to annual leave in one of the following circumstances: employees enjoy winter and summer vacations in accordance with the law, and the number of vacation days is more than the number of annual vacation days; Employees leave for more than 20 days, and the unit fails to deduct wages according to regulations; Employees who have worked for more than 1 year but less than 10 year have taken sick leave for more than 2 months; Employees who have worked 10 for more than 20 years have taken sick leave for more than 3 months; Employees who have worked for more than 20 years are required to take sick leave for more than 4 months.

According to the national regulations on the annual leave system for employees, employees can enjoy paid annual leave if they work continuously for more than 12 months. For employees who have newly entered the current employer from other units, they have been working continuously for more than 12 months? Refers to the combined calculation of continuous working hours of employees in the original unit and the current unit.

In this regard, Ministry of Human Resources and Social Security General Office's Reply on Relevant Issues Concerning the Implementation Measures of Paid Annual Leave for Enterprise Employees (No.49/KLOC-0 [2009] issued by the Human Resources and Social Security Department) stipulates:? The employee has worked continuously for more than 12 months? , including employees who have worked in the same employer for more than 12 months and employees who have worked in different employers for more than 12 months.

As for the determination of accumulated working hours, the reply also made a clear statement, including the full-time working years of employees in government organs, organizations, enterprises, institutions, private non-enterprise units and individual industrial and commercial households with employees, as well as the years of military service according to law and other years of service that can be calculated according to national laws, administrative regulations and the State Council regulations (deemed as working years). The accumulated working hours of employees can be determined according to the records of archives, the records of social insurance premiums paid by the unit, labor contracts or other legally effective certification materials.

Provisions on unused annual leave

According to the specific situation of production work and considering the wishes of employees, the unit makes overall arrangements for employees' annual leave. Annual leave can be arranged centrally or in sections within 1 year, generally not across years. If it is really necessary for the unit to arrange annual leave for employees across years due to the characteristics of production work, it can be arranged across 1 year.

If the unit really cannot arrange annual leave for its employees due to work needs, it may not arrange annual leave for employees with the consent of the employees themselves. The number of days of annual leave that employees should take, the unit shall pay the annual leave salary according to 300% of the daily salary of employees.

If the unit fails to arrange annual leave for employees and fails to pay annual leave wages in accordance with the provisions of these regulations, the personnel department or labor and social security department of the local people's government at or above the county level shall order it to make corrections within a time limit according to its functions and powers; If no correction is made within the time limit, in addition to ordering the unit to pay annual leave salary, the unit shall also pay compensation to the employees according to the amount of annual leave salary; For those who refuse to pay annual leave salary and remuneration, and belong to the unit where civil servants and personnel managed by reference to the Civil Service Law work, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If it belongs to other units, the labor and social security department, personnel department or employees shall apply to the people's court for compulsory execution.

Resignation annual leave needs compensation

Enterprises, private non-enterprise units, individual industrial and commercial households and other units with employees in People's Republic of China (PRC) (hereinafter referred to as employers) and employees who have established labor relations with them shall enjoy paid annual leave if they have worked continuously for more than 12 months, and the number of annual leave days shall be determined according to the accumulated working hours of employees. Employees who work in the same employer or different employers shall be regarded as working according to laws, administrative regulations or the provisions of the State Council, and shall be counted as accumulated working hours. If the employee is a new employer and meets the provisions of Article 3 of these Measures, the number of annual leave days shall be determined according to the remaining calendar days in the company, and the part less than 1 complete days after conversion shall not enjoy annual leave.

1. According to Article 12 of the Measures for the Implementation of Paid Annual Leave for Enterprise Employees, if the employee fails to take annual leave when the employer terminates or terminates the labor contract with the employee, the annual leave days shall be converted and the annual leave salary shall be paid according to the working hours of the employee in the current year, but the salary shall not be paid for the part that is less than 1 complete days after conversion.

2. The prescribed conversion method is: (How many calendar days did our company pass in that year? 365 days)? The number of annual leave days that employees should enjoy throughout the year-the number of annual leave days that have been arranged in the current year.

3. According to Article 10 of the Measures for the Implementation of Paid Annual Leave for Enterprise Employees promulgated by Ministry of Human Resources and Social Security, if the employer arranges annual leave without the consent of the employees or the number of days of annual leave arranged for the employees is less than the number of days of annual leave, it shall pay the employees 300% of the daily wage for the days of annual leave.

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