Regulation on Paid Annual Leave of the Employees. Regulations on Paid Annual Leave of the Employees
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1 Regulation on Paid Annual Leave of the Employees Decree [2007] No. 514 by the State Council The Regulations on Paid Annual Leave of the Employees, adopted at the 198th executive meeting of the State Council on December 7, 2007 are hereby promulgated and shall become effective as of January 1, Wen Jiabao Primer of the People s Republic of China Regulations on Paid Annual Leave of the Employees Article 1 These Regulations are formulated in accordance with the Labour Law and the Civil Servants Law of the People s Republic of China in order to protect the employees rights to rests and annual leaves, as well as to encourage the employees to actively carry out their working duties. Article 2 The employees of the government departments, social organizations, enterprises, public institutions, private non-enterprise units and individually-owned commercial and industrial businesses that have been working for a consecutive period of more than one year shall be entitled to the paid annual leave (hereinafter referred to as "annual leave"). The employer shall guarantee that their employees may take the annual leaves. The employees taking annual leave shall be entitled to the same wage level of normal working days. Article 3 Where an employee has provided service for a period of one full year but less than ten years, he/she is entitled to five
2 days of annual leave; where he/she has served for a period of ten full years but less than twenty years, the entitled annual leave shall be ten days; and for a service period over twenty years, the entitled annual leave shall be fifteen days. The statutory national holidays and rest days shall not be included in the annual leave. Article 4 An employee shall not be entitled to annual leave for the current year where he/she is under any of the following circumstances: (1) The employee is entitled to summer and winter vacations in accordance with the laws and regulations, and the number of days of such vacations exceeds that of his/her annual leave; (2) The employee has accumulatively taken more than twenty days of casual leave and the employer has not reduced his/her wage level thereof in accordance with the regulations; (3) The employee with service period of one full year but less than ten years has accumulatively taken more than two months of sick leave; (4) The employee with service period of ten full years but less than twenty years has accumulatively taken more than three months of sick leave; (5) The employee with service period over twenty years has accumulatively taken more than four months of sick leave. Article 5 The employer shall, considering the specific conditions of production and work, as well as the individual preferences of the employees, coordinate and arrange the annual leave of its employees. Annual leave may be arranged in a concentrated period or in several periods of time within one year, but it generally shall not span beyond one year. The employers may make annual leave
3 arrangement for their employees that span beyond one year where they need to make such arrangement due to their production and job specialties. Where the employers can not arrange annual leave for the employees due to production or working requirements, they may, with the consent of the concerned employees, not arrange annual leave. For the annual leave that should have been taken by the employees but otherwise, the employers shall pay remuneration for annual leave to the concerned employees rating 300% of the daily wage rate of such employees. Article 6 The personnel administration departments and labour and social security administration departments of the People's Governments at county level or above shall actively conduct supervision and examination on the implementation of these Regulations by the employers as per their respective jurisdictions. The trade unions shall protect the employees rights to annual leave in accordance with the laws and regulations. Article 7 Where an employer fails to arrange annual leave for the employees and meanwhile refuses to pay remuneration for annual leave in accordance with these Regulations, the personnel departments or the labour and social security departments of the People's Governments at county level or above shall order rectification within a period of time as per their respective jurisdictions. In case that no rectification has been made within the time limit, such employer, in addition to the payment of remuneration for annual leave, shall be ordered to make compensation to the concerned employees rating the same amount with the remuneration for annual leave. Where the employer refuses to make payment of remuneration for annual leave and compensation, and the personnel of such employer are public servants or administered in reference to the Civil Servants Law, the
4 person-in-charge that is held directly responsible and other directly responsible personnel shall be penalized in accordance with the law, if such employer is categorized otherwise, the labour and social security department, the personnel department or the concerned employee shall apply for compulsory enforcement by a People's Court. Article 8 Where the employees and the employers confront disputes over annual leave, the relevant issues shall be handled in accordance with relevant laws and administrative regulations of the State. Article 9 The personnel administration department and the labour and social security administration department of the State Council shall each formulate the implementing rules of the Regulations in accordance with their respective authorities. Article 10 These Regulations shall become effective as of January 1, (In case of any discrepancy between the English translation and the original Chinese text, the Chinese text shall prevail. ---translator)
5 职 工 带 薪 年 休 假 条 例 中 华 人 民 共 和 国 国 务 院 令 第 514 号 职 工 带 薪 年 休 假 条 例 已 经 2007 年 12 月 7 日 国 务 院 第 198 次 常 务 会 议 通 过, 现 予 公 布, 自 2008 年 1 月 1 日 起 施 行 总 理 温 家 宝 二 七 年 十 二 月 十 四 日 职 工 带 薪 年 休 假 条 例 第 一 条 为 了 维 护 职 工 休 息 休 假 权 利, 调 动 职 工 工 作 积 极 性, 根 据 劳 动 法 和 公 务 员 法, 制 定 本 条 例 第 二 条 机 关 团 体 企 业 事 业 单 位 民 办 非 企 业 单 位 有 雇 工 的 个 体 工 商 户 等 单 位 的 职 工 连 续 工 作 1 年 以 上 的, 享 受 带 薪 年 休 假 ( 以 下 简 称 年 休 假 ) 单 位 应 当 保 证 职 工 享 受 年 休 假 职 工 在 年 休 假 期 间 享 受 与 正 常 工 作 期 间 相 同 的 工 资 收 入 第 三 条 职 工 累 计 工 作 已 满 1 年 不 满 10 年 的, 年 休 假 5 天 ; 已 满 10 年 不 满 20 年 的, 年 休 假 10 天 ; 已 满 20 年 的, 年 休 假 15 天 国 家 法 定 休 假 日 休 息 日 不 计 入 年 休 假 的 假 期 第 四 条 职 工 有 下 列 情 形 之 一 的, 不 享 受 当 年 的 年 休 假 : ( 一 ) 职 工 依 法 享 受 寒 暑 假, 其 休 假 天 数 多 于 年 休 假 天 数 的 ; ( 二 ) 职 工 请 事 假 累 计 20 天 以 上 且 单 位 按 照 规 定 不 扣 工 资 的 ; ( 三 ) 累 计 工 作 满 1 年 不 满 10 年 的 职 工, 请 病 假 累 计 2 个 月 以 上 的 ; ( 四 ) 累 计 工 作 满 10 年 不 满 20 年 的 职 工, 请 病 假 累 计 3 个 月 以 上 的 ; ( 五 ) 累 计 工 作 满 20 年 以 上 的 职 工, 请 病 假 累 计 4 个 月 以 上 的
6 第 五 条 单 位 根 据 生 产 工 作 的 具 体 情 况, 并 考 虑 职 工 本 人 意 愿, 统 筹 安 排 职 工 年 休 假 年 休 假 在 1 个 年 度 内 可 以 集 中 安 排, 也 可 以 分 段 安 排, 一 般 不 跨 年 度 安 排 单 位 因 生 产 工 作 特 点 确 有 必 要 跨 年 度 安 排 职 工 年 休 假 的, 可 以 跨 1 个 年 度 安 排 单 位 确 因 工 作 需 要 不 能 安 排 职 工 休 年 休 假 的, 经 职 工 本 人 同 意, 可 以 不 安 排 职 工 休 年 休 假 对 职 工 应 休 未 休 的 年 休 假 天 数, 单 位 应 当 按 照 该 职 工 日 工 资 收 入 的 300% 支 付 年 休 假 工 资 报 酬 第 六 条 县 级 以 上 地 方 人 民 政 府 人 事 部 门 劳 动 保 障 部 门 应 当 依 据 职 权 对 单 位 执 行 本 条 例 的 情 况 主 动 进 行 监 督 检 查 工 会 组 织 依 法 维 护 职 工 的 年 休 假 权 利 第 七 条 单 位 不 安 排 职 工 休 年 休 假 又 不 依 照 本 条 例 规 定 给 予 年 休 假 工 资 报 酬 的, 由 县 级 以 上 地 方 人 民 政 府 人 事 部 门 或 者 劳 动 保 障 部 门 依 据 职 权 责 令 限 期 改 正 ; 对 逾 期 不 改 正 的, 除 责 令 该 单 位 支 付 年 休 假 工 资 报 酬 外, 单 位 还 应 当 按 照 年 休 假 工 资 报 酬 的 数 额 向 职 工 加 付 赔 偿 金 ; 对 拒 不 支 付 年 休 假 工 资 报 酬 赔 偿 金 的, 属 于 公 务 员 和 参 照 公 务 员 法 管 理 的 人 员 所 在 单 位 的, 对 直 接 负 责 的 主 管 人 员 以 及 其 他 直 接 责 任 人 员 依 法 给 予 处 分 ; 属 于 其 他 单 位 的, 由 劳 动 保 障 部 门 人 事 部 门 或 者 职 工 申 请 人 民 法 院 强 制 执 行 第 八 条 职 工 与 单 位 因 年 休 假 发 生 的 争 议, 依 照 国 家 有 关 法 律 行 政 法 规 的 规 定 处 理 第 九 条 国 务 院 人 事 部 门 国 务 院 劳 动 保 障 部 门 依 据 职 权, 分 别 制 定 本 条 例 的 实 施 办 法 第 十 条 本 条 例 自 2008 年 1 月 1 日 起 施 行
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