Job Recruitment Website - Social security inquiry - Can I have 10 days of annual leave after ten years of social security?
Can I have 10 days of annual leave after ten years of social security?
1. You are not entitled to annual leave under the following circumstances:
Employees enjoy winter and summer vacations according to 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.
The payment base of social security in labor contracts refers to the wage base used by enterprises or employees to calculate and pay social insurance premiums. This base multiplied by the prescribed rate is the amount of social insurance premiums that enterprises or individuals should pay.
Local social security payment bases are linked to local average wage data. It is determined according to the average monthly wage income of employees from June 1 day to February 1 day in the previous year. Once a year, it will not change within one year after confirmation. The time to apply for adjusting the social security base is generally in July.
Enterprises generally take the total wages of enterprise employees as the payment base, and individual employees take half of their average monthly salary in the previous year as the salary base for individuals to pay social insurance premiums. In China, the payment base is approved by the social insurance agency according to the employer's declaration.
2. What are the social security clauses in the Labor Contract Law?
1. Employers and workers must participate in social insurance and pay social insurance premiums according to law.
2. If the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract.
3. If the laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law, the employer shall pay economic compensation to the laborer. Article 47 stipulates that the economic compensation shall be paid according to the number of years the laborer has worked in the unit and the standard of paying one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
4, if the employer violates the relevant provisions, workers can complain to the local labor security supervision institutions; If there is a labor dispute between the employee and the employer, they may apply to the labor dispute arbitration institution for arbitration.
Legal basis:
Article 3 of the Regulations on Paid Annual Leave for Employees: Employees who have worked for more than 1 year but less than1year shall have 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.
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