Annual holiday
Article One To maintain the employees’ right to rest and take a holiday and trigger further working enthusiasm, this regulation is established in accordance with the provisions of the Labor Law and the Civil Servant Law.
Article Two An employee who has worked continuously in a work unit such as organizations, enterprises, institutions, private non-enterprise units, individual industrial and commercial households with employees, etc., for more than one year, shall have the right to the enjoy paid annual holiday leave (hereinafter referred to as annual holiday). The units shall ensure the employees receive annual holidays. Within the period of the annual holiday, the employees shall be authorized to obtain salary income as that paid within the normal working time.
Article Three An employee who has worked for more than 1 year but less than 10 years shall have a 5-day annual holiday; for those who have worked for 10 years but less than 20 years, the annual holiday shall be 10 days; and for those who have worked for 20 years, the annual holiday shall be 15 days.
The national legal holidays and the rest days shall not be included in the annual holidays.
Article Four The employee who is under any of the following circumstances shall not enjoy the annual holiday of the that year:
(1)The employee legally enjoys the winter and summer holidays, and the days of the said holidays are more than the days of the annual holidays;
(2)The employee has accumulatively asked for leave for more than 20 days, and his/her salary has not been deducted by the unit due to the relevant provisions;
(3)The employee who has worked for more than 1 year accumulatively but less than 10 years, asks for sick leave that amounts to more than 2 months;
(4)The employee who has worked for more than 10 years accumulatively but less than 20 years, asks for sick leave that amounts to more than 3 months;
(5)The employee who has worked for more than 20 years accumulatively, asks for sick leave that amounts to more than 4 months.
Article Five The units shall, consistent with the specific circumstances of the production and work and according to the willingness of the employees, wholly arrange the annual holiday of the employees.
The annual holidays may be either collectively or dispersively arranged within 1 year, but, generally, not be arranged beyond the year. In case it is necessary to arrange the annual holiday that goes beyond the year due to the characteristics of the production and work, the annual holiday may be arranged beyond 1 year.
In case any of the work units cannot arrange the annual holidays for any of the employees due to the working need, the said holiday may not be arranged solely upon the consent of the employee. In respect to the annual holiday that shall be enjoyed but fail to be enjoyed by the employee, the unit shall, in accordance with the quantity of the days, pay the salary of the annual holiday which is equal to 300% of the daily income of salary of the employee, to the employee.
Article Six The personnel, labor security departments of the local people's governments above the county level, shall actively conduct the supervisory inspection of the relevant units based upon the implementation of this regulation.
The Trade Unions shall legally safeguard the rights of the employees to enjoy the annual holiday.
Article Seven In case any unit does not arrange the annual holiday for any of the employees nor pay the salary of the annual holiday to the employee in accordance with the provisions of this regulation, the personnel, labor security departments of the local people's governments above the county level, shall order the said unit to correct in a limited period based upon their responsibilities; in case the unit fails to do so, apart from being ordered to pay the salary of the annual holiday, the unit shall also pay the compensation to the employee based on the amount of the salary of the annual holiday. When the unit refuses to pay the said salary and compensation, in case it is a unit where the civil servants or people being administrated with reference to the Civil Servant Law serve for, the supervisor that is directly responsible and other responsible persons shall be legally subject to administrative punishment; as for other units, the labor security, personnel department or the employee may submit an application to the relevant people’s court to claim said payment.
Article Eight Any dispute occurring between the employees and the work units, which is related to the annual holiday, shall be settled in accordance with the provisions of the relevant laws and the administrative regulations.
Article Nine The personnel and labor security departments of the State Council shall respectively establish the implementation rules of this regulation based on the responsibilities.
Article Ten This regulation shall come into effect on January 1, 2008.
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