企业职工带薪年休假实施办法

第三条 职工连续工作满12个月以上的，享受带薪年休假 （以下简称年休假）。

第五条 职工新进用人单位且符合本办法第三条规定的，当年度年休假天数，按照在本单位剩余日历天数折算确定，折算后不足1整天的部分不享受年休假。
前款规定的折算方法为:（当年度在本单位剩余日历天数÷365天）×职工本人全年应当享受的年休假天数。

第九条 用人单位根据生产、工作的具体情况，并考虑职工本人意愿，统筹安排年休假。用人单位确因工作需要不能安排职工年休假或者跨1个年度安排年休假的，应征得职工本人同意。

第十条 用人单位经职工同意不安排年休假或者安排职工年休假天数少于应休年休假天数，应当在本年度内对职工应休未休年休假天数，按照其日工资收入的300%支付未休年休假工资报酬，其中包含用人单位支付职工正常工作期间的工资收入。

用人单位安排职工休年休假，但是职工因本人原因且书面提出不休年休假的，用人单位可以只支付其正常工作期间的工资收入。

第十二条 用人单位与职工解除或者终止劳动合同时，当年度未安排职工休满应休年休假的，应当按照职工当年已工作时间折算应休未休年休假天数并支付未休年休假工资报酬，但折算后不足1整天的部分不支付未休年休假工资报酬。

前款规定的折算方法为： （当年度在本单位已过日历天数÷365天）×职工本人全年应当享受的年休假天数-当年度已安排年休假天数。

用人单位当年已安排职工年休假的，多于折算应休年休假的天数不再扣回。

第十四条 劳务派遣单位的职工符合本办法第三条规定条件的，享受年休假。

Implementation Measures for Paid Annual Leave of Enterprise Employees

Article 3 Employees who have worked continuously for one year or more are entitled to paid annual leave.

Article 5 The days of annual leave which may be taken by a new employee who satisfies the requirement of Article 3 in the current year shall be calculated according to the number of days from the time when he is employed by this employer to the end of the calendar year and if the result is less than one day he shall not enjoy annul leave this year.

The calculation formula is: the number of days from the time when he is employed by this employer to the end of the calendar year / 365 × the days of annual leave he is entitled to if he works for this employer for 12 months in the current year.

Article 9 An employer may, in light of the actualproduction and work situation, plan the annual leave of its employees as awhole on the basis of employees own wills. Where an employer cannot give annualleave to an employee or decides to postpone the annual leave to the next yeardue to work needs, it shall get the consent of the employee.

Article 10 Where an employer does not give annual leave to an employee or gives him days of annual leave less than the days of annual leave due upon the consent of the employee, it shall pay the employee 300% of his daily wage income for each day of the annual leave due and not taken in the year, which includes the wage income to be paid by the employer to the employee per day in normal working days.

An employer shall give annual leave to its employees, but if any employee gives a writing notice of not taking annual leave on his own will, the employer is allowed to pay for the employees’ normal working days.

Article 12 When employers and employees relieve or terminate the labor contract, the employer have not granted the employee the due annual leave, the employer shall calculate the daily wage of the annual leave due and pay for the not taken annual leave in accordance with the past working days the employee has worked for the employer in the current year.  The part of the untaken annual leave due which is less than 1 day shall not be paid.

The calculation formula of previous provision is:( the number of calendar days the employee has worked for the employer in the current year /365 days)× the days of annual leave he is entitled in the current year - the days of taken annual leave in the current year.

If the days of annual leave taken by the employee are more than the days of entitled annual leave, the employer he works for shall not deduct the additional days.

Article 14 The employee of staffing firm who satisfies the requirement of Article 3 are entitled to take the annual leave days.

If the days of wage paid by the staffing firm to the employee without job during the labor contract period is more than the days of annual leave time due in the current year the employee shall not be entitled to the annual leave in the current year. If the days are less than the entitled days of annual leave in the year the staffing firm or the employer shall negotiate to give the dispatched employee the untaken annual leave.