Source: Labor Law Xing Tianxia
Reprinted from: Fayan Observation
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1, rest days 2, vacation holidays 3, fact leave 4, sick leave
5, marriage leave 6, maternity leave 7, prenatal leave 8, nursing leave
9, pregnancy prenatal examination leave 10, breastfeeding leave 11, dysmenorrhea leave
12, bereavement leave 13, paid annual leave 14, work-related injury leave
15, family visit leave 16, journey leave 17, social activity leave
18, China Farmers Harvest Festival 19, company business holiday
20, Class A infectious disease leave 21. Nursing leave for only children
01, rest day
Under normal circumstances, Saturday and Sunday are weekly rest days, and the weekends are not paid for the salary, and the whole year is 104 days.
Article 44 of " of the Labor Law of the People's Republic of China" stipulates that if a worker is arranged on a rest day without compensatory leave, a wage remuneration of no less than 200% of the salary shall be paid.
" Regulations of the State Council on Working Hours of Employees " (Order No. 146, implemented on May 1, 1995) stipulates that state organs and institutions shall implement unified working hours, Saturday and Sunday are weekly rest days. Enterprises and institutions that cannot implement the unified working hours specified in the preceding paragraph can flexibly arrange weekly rest days according to actual conditions.
According to the first question of the "Regulations of the State Council on Working Hours of Employees" (Ministry of Labor [1995] No. 187), enterprises with conditions should implement the standard working hours system of employees working 8 hours a day and 40 hours a week as much as possible. If some enterprises cannot implement standard working hours due to the nature of work and production characteristics, they should combine the implementation of the "Regulations" and the implementation of the "Labor Law". ensures that employees will not work more than 40 hours per week and will have at least one day off per week. Therefore, it is legal for some companies to share 40 hours in 6 days, and it is also legal to take a day off.
02, Holiday Festival
One is the national statutory holiday, a total of 11 days. is 1. New Year's Day, one day off (January 1); 2. Spring Festival, three days off (1st, 2nd, and 3rd day of the first lunar month); 3. Qingming Festival, one day off (Qingming Festival on the Lunar New Year); 4. Labor Day, one day off (May 1); 5. Dragon Boat Festival, one day off (Dragon Boat Festival on the Lunar New Year); 6. Mid-Autumn Festival, one day off (Mid-Autumn Festival on the Lunar New Year); 7. National Day, three days off (October 1, 2, and 3).
According to Article 44 of the Labor Law of the People's Republic of China, if a worker is arranged on statutory holidays, the wage remuneration shall not be less than 300% of the wages.
" Jiangsu Province Wage Payment Regulations " Article 29 stipulates that the employer shall deem the statutory holidays enjoyed by the law, as well as the annual leave, family visits, marriage and bereavement leave, late marriage and late childbirth leave, birth control surgery leave, prenatal examinations for female employees during pregnancy, maternity leave, breastfeeding time during breastfeeding, male nursing leave, work-injury employees’ suspension and salary period, etc., etc., the employer shall deem the worker to provide normal labor and pay their wages.
The second is the holiday and anniversary for some citizens: 1. Women's Day (March 8), women have a half-day holiday; 2. Youth Day (May 4), young people over 14 years old have a half-day holiday; 3. Children's Day (June 1), children under the age of 14 are on vacation for one day; 4. Chinese People's Liberation Army's founding anniversary (August 1), active-duty soldiers have a half-day holiday.
"State Council National New Year Festival and Anniversary Holiday Measures": If the holidays on all citizens are on Saturdays and Sundays, they should make up for leave on working days. If some citizens on holidays are on Saturdays or Sundays, they will not make up for holidays. Note that if some citizens do not have a holiday on holidays and the employer requires workers to go to work normally, the unit does not need to pay overtime fees.
03, Leave
Number of days for leave Each employer determines different days by formulating rules and regulations.
According to Article 26 of the "Jiangsu Province Wage Payment Regulations", if an employee is in one of the following circumstances, the employer may not pay the wages for his or her period: (1) During the leave period...
Of course, some employers in do not deduct the wages for the worker during the leave period. In this case, if the employer pays a salary and the leave reaches 20 days, the worker will no longer enjoy the annual leave of the year. is based on Article 4 of the "Regulations on Paid Annual Leave for Employees". If an employee is in one of the following circumstances, he will not enjoy the annual leave of the year:... (II) If the employee takes leave for more than 20 days and the unit does not deduct wages according to regulations...
04, sick leave (disease or non-work injury medical period )
3 According to Article 59 of the "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" (Ministry of Labor [1995] No. 309), during the treatment period of employees who are sick or non-work-related injuries, the enterprise shall pay their sick leave wages or disease relief expenses in accordance with relevant regulations during the prescribed medical period. The sick leave wages or disease relief expenses can be paid less than the local minimum wage standard, but cannot be less than 80% of the minimum wage standard.
The number of days for sick leave (medical period for disease or non-work injury) is 3 months, 6 months, 9 months, 12 months, and 24 months (can be extended in special circumstances). According to Article 3 of the "Regulations on Medical Periods of Illness or Non-work Injury for Enterprise Employees", when an enterprise employee needs to stop working for medical treatment due to illness or Non-work Injury for medical treatment, based on his or her actual years of working in the unit, a medical period of three to twenty-four months is given: (1) If the actual working years are less than ten years, the working years in the unit will be less than five years, and the working years for more than five years is six months. (2) If the actual working years are more than ten years, the working years in the unit are six months, the working years are more than five years and less than ten years are nine months, the working years are more than ten years and less than fifteen years are twelve months, the working years are more than fifteen years and less than twenty years are eighteen months, and the working years are more than twenty years and twenty months. Article 4: The three-month medical period is calculated based on the cumulative sick rest time within six months, the six-month medical rest time within twelve months, the nine-month medical rest time within fifteen months, the twelve-month medical rest time within eighteen months, the 18-month medical rest time within twenty-four months, and the 24-month medical rest time within thirty-month medical rest time.
The former Ministry of Labor Notice on the Implementation of the Medical Period of Enterprise Employees’ Illness or Non-work Injury” (Ministry of Labor 236) stipulates that 2. Regarding the medical period of special diseases: According to the current actual situation, for employees with special diseases (such as cancer, mental illness, paralysis, etc.) who cannot recover within 24 months, the medical period may be appropriately extended with the approval of the enterprise and the labor authorities.
Article 27 of the "Jiangsu Province Wage Payment Regulations" stipulates that if a worker stops working if he is sick or is not injured due to work, and is within the medical period stipulated by the state, the employer shall pay sick leave wages or disease relief fees to the workers in accordance with the provisions of the wage distribution system, the agreements of the labor contract, collective contract or relevant national regulations. Sick leave wages and disease relief fees shall not be less than 80% of the local minimum wage standard. If the state has other provisions, the provisions shall prevail. Article 32 of stipulates: If an employer pays the workers sick leave wages, disease relief expenses and living expenses according to Article 27 and Article 31 of these Regulations, in accordance with the provisions of Articles 27 and 31 of these Regulations, he or she must also bear the social insurance premiums and housing provident fund that should be paid by the workers individually. Therefore, according to the contract or the employer's salary system, the sick leave salary but shall not be less than 80% of the minimum wage; if the minimum wage is paid 80% of the salary, the employer will also have to bear the social insurance premiums borne by the individual and the minimum individual to pay part of the housing provident fund.
05, Marriage leave
"Notice of the State Administration of Labor and the Ministry of Finance on the Issues of Marriage and Bell Leaves and Ride Leaves for Employees in State-owned Enterprises" stipulates: 1. When an employee gets married or the employee's immediate relatives (parents, spouses and children) die, they may be approved by the administrative leaders of the unit according to the specific circumstances, and will give one to three days of marriage and bellowness leave at the discretion of . 3. During the approved wedding and bereavement leave and distance leave, the wages of employees shall be paid. All the vehicles, ship fares, etc. along the way are borne by the employees themselves.
Article 51 of the Labor Law stipulates: Employers shall pay wages in accordance with the law during statutory holidays, wedding and bereavement and funeral leave, and during social activities in accordance with the law.
" Jiangsu Province Population and Family Planning Regulations " Article 27 stipulates that couples who handle marriage registration in accordance with the law shall extend the marriage leave for ten days on the basis of enjoying the state-standard marriage leave. ...The holidays stipulated in the first two paragraphs are deemed to be attending, and the salary will be paid during the specified holidays, which will not affect the welfare benefits. The national statutory holidays are not included in the holidays stipulated in the first two paragraphs. Therefore, the number of days for wedding leave in in Jiangsu Province is 13 days, and does not include the national statutory holidays. The salary and welfare benefits are paid during the holidays; while the number of days for wedding leave in Nanjing is 15 days.
06, maternity leave
Article 7 of the " Special Provisions on Labor Protection for Female Employees " stipulates: Female employees enjoy 98 days of maternity leave, of which 15 days of leave can be taken before delivery; if they are difficult to give birth, 15 days of maternity leave will be added; if they have multiple births, each additional baby will be given birth to an additional 15 days of maternity leave. If a female employee is pregnant for a miscarriage of less than 4 months, she will enjoy 15 days of maternity leave; if a female employee is pregnant for a miscarriage of less than 4 months, she will enjoy 42 days of maternity leave.
Article 27 of the Jiangsu Province Population and Family Planning Regulations stipulates that from January 1, 2016, couples who meet the provisions of these regulations will extend maternity leave for 30 days on the basis of enjoying the maternity leave stipulated by the state, and the man will enjoy fifteen days of nursing leave. ...The holidays stipulated in the first two paragraphs are deemed to be attending, and the salary will be paid during the specified holidays, which will not affect the welfare benefits. The national statutory holidays are not included in the holidays stipulated in the first two paragraphs.
"Regulations on Maternity Insurance for Urban Employees in Jiangsu Province" Article 7 stipulates: If a female employee complies with the family planning regulations, he or she will enjoy the following maternity insurance benefits, and the expenses will be paid by the maternity insurance fund: (1) Female employee has a childbirth or abortion and enjoys maternity leave in accordance with relevant national and provincial regulations. During maternity leave, my original salary will be paid, and the maternity insurance fund will compensate the company in the form of maternity allowance. Therefore, the number of days for maternity leave in Jiangsu Province is 128 days, and does not include national statutory holidays. The salary and welfare benefits are paid during the holidays.
07, prenatal faking
Article 9 of the "Jiangsu Province Female Employee Labor Protection Measures" stipulates that female employees who are more than seven months pregnant (including seven months) are generally not allowed to arrange for them to engage in night shift work. During the working hours, one hour of rest should be given in the workplace and the corresponding labor quota should be deducted. Those who are really in difficulty in working can take 60 days of prenatal leave after application and approval from the unit. During the holiday period, the salary shall not be less than 80%.
Note that the prenatal leave for female employees who are more than seven months pregnant (including seven months) is subject to approval from the unit, and is not a mandatory provision.
08, Nursing leave (male)
Among the 31 provinces (autonomous regions, municipalities) across the country, except for Tibet, the men's nursing leave or paternity leave is stipulated in the population and family planning regulations of the region (called care leave in Fujian and nursing leave in Qinghai). Gansu and Yunnan have up to 30 days.
Article 27 of the Jiangsu Province Population and Family Planning Regulations stipulates that from January 1, 2016, couples who meet the provisions of these regulations will extend maternity leave for 30 days on the basis of enjoying the maternity leave stipulated by the state, and the man will enjoy nursing leave for fifteen days. ...The holidays stipulated in the first two paragraphs are deemed to be attending, and the salary will be paid during the specified holidays, which will not affect the welfare benefits. The national statutory holidays are not included in the holidays stipulated in the first two paragraphs. Therefore, the number of days for nursing leave (the man) is 15 days, and does not include national statutory holidays. The salary and welfare benefits are paid during the holidays.
09. Prenatal examination fake
Article 6 of the "Special Regulations on Labor Protection for Female Employees" stipulates: Pregnant female employees undergo prenatal examinations during their working hours, and the required time is included in their working hours.
10, breastfeeding fake
Article 9 of the "Special Provisions on Labor Protection for Female Employees" stipulates that employers shall arrange 1 hour of breastfeeding time for female employees during breastfeeding within the daily working hours; if female employees give birth to multiple twins, one hour of breastfeeding time will be added to each additional baby breastfeeding.
Article 11 of the "Jiangsu Province Female Employee Labor Protection Measures" stipulates: Female employees with babies under one year old will be given twice breastfeeding (including artificial feeding) during each shift, each time for thirty minutes. For multiple births, each extra baby is breastfeeding, the breastfeeding time will increase by 30 minutes. The two breastfeeding times for female employees during each shift can be used in combination. The breastfeeding time and the time during the round trip of breastfeeding within this unit are counted as labor time and the corresponding labor quota is deducted. If a baby is diagnosed as weak by a medical unit after the baby reaches one year of age, the lactation period can be extended, but it is not more than half a year. Article 12 of stipulates: Female employees who have difficulties in working... After applying for and approval from the unit, they can take half a year of breastfeeding leave, and their salary shall not be less than 80%.
11, dysmenorrhea faking
The "Regulations on Health Care for Female Employees" jointly promulgated by the former Ministry of Health, the All-China Federation of Trade Unions and other five departments in 1993 have pointed out that female employees with severe dysmenorrhea and excessive menstrual periods can be appropriately given 1 to 2 days of leave during menstruation after being diagnosed by medical or maternal and child health care institutions. At present, many provinces including Beijing, Henan, Shaanxi, Zhejiang, Jiangsu and other provinces have clarified this rights and interests of female workers in local regulations.
Article 7 of the "Jiangsu Province Female Employee Labor Protection Measures" stipulates: If a female employee has a lot of menstrual period or cannot continue working due to dysmenorrhea, she will be given a one-day public leave after being certified by the medical unit. On January 17, 2018, the Fourth Plenary Committee (Expanded) Meeting of the Sixth Session of the Women's Workers' Committee of the Jiangsu Federation of Trade Unions was held. It is reported that the highly anticipated new version of the "Special Regulations on Labor Protection of Female Employees in Jiangsu Province" will be issued in 2018, which clearly states that female employees who cannot persist in working due to dysmenorrhea can rest for 1 to 2 days. At the same time, employers with conditions are required to distribute certain sanitary supplies or fees every month.
12, bereavement leave
"Notice of the State Administration of Labor and the Ministry of Finance on the Issues of Marriage and Bell Leave and Journey Leave for Employees in State-owned Enterprises" stipulates: 1. When an employee gets married or the employee's immediate relatives (parents, spouses and children) die, they may be approved by the administrative leaders of the unit according to the specific circumstances, and one to three days of marriage and bereavement leave at the discretion of the discretion. 3. During the approved wedding and funeral leave and distance leave, the employees' wages shall be paid. All the vehicles, ship fares, etc. along the way are borne by the employees themselves.
Article 51 of the Labor Law stipulates that the employer shall pay wages in accordance with the law during statutory holidays, wedding and bereavement and funeral leave, and during the period of participating in social activities in accordance with the law.
Therefore, the number of days for bereavement leave is generally 3 days, and does not include national statutory holidays. The salary and welfare benefits are paid during the holidays.
13. Paid annual leave
Article 2 of the "Regulations on Paid Annual Leave of Employees" stipulates that employees of employees in institutions, groups, enterprises, institutions, private non-enterprise units, individual industrial and commercial households with employees who have worked continuously for more than one year shall enjoy paid annual leave (hereinafter referred to as annual leave). The unit shall ensure that employees enjoy annual leave. Employees enjoy the same salary income during annual leave as during normal work. Article 3 of stipulates: If the employees have worked for a total of less than 10 years, they will have 5 days of annual leave; if they have worked for less than 10 years, they will have 10 days of annual leave; if they have worked for less than 20 years, they will have 15 days of annual leave. National statutory holidays and rest days are not included in annual leave holidays.Article 4 of stipulates: If an employee is in any of the following circumstances, he or she will not enjoy the annual leave of the year: (1) Employees enjoy winter and summer vacations in accordance with the law, and their number of days of leave is more than the number of days of annual leave; (2) Employees who have taken leave for more than 20 days in total and the unit does not deduct wages in accordance with regulations; (3) Employees who have worked for more than 1 year or less for more than 10 years have taken sick leave for more than 2 months; (4) Employees who have worked for more than 10 years have taken sick leave for more than 3 months; (5) Employees who have worked for more than 20 years have taken sick leave for more than 4 months. Article 5 stipulates that the unit coordinates the annual leave of employees based on the specific situation of production and work, and considers the employees' own wishes. Annual leave can be arranged in a centralized manner or in segments within one year, and is generally not arranged across years. If the unit is really necessary to arrange annual leave for employees across the year due to production and work characteristics, it can arrange it across one year. If the unit is unable to arrange annual leave for employees due to work needs, the employee may not arrange annual leave for employees with the consent of the employee. For the number of annual leave days that an employee should take but not take, the unit shall pay the annual leave salary at 300% of the employee's daily salary income.
It should be noted that the cumulative working years of an employee should include but not be limited to the working years of the current unit.
14. Work-related injury leave (stop-work and wage-retaining period)
Article 33 of the "Work Injury Insurance Regulations" stipulates: If an employee suffers accident injury due to work or suffers from occupational diseases, the original salary and benefits will remain unchanged during the work-related wage and wage-retaining period and will be paid monthly by the unit. The period of work suspension and salary retention is generally not more than 12 months. is seriously injured or has special circumstances. After confirmation by the municipal labor capacity appraisal committee of prefecture-level district, can be appropriately extended, but the extension shall not exceed 12 months. After the work-injured employee is assessed for disability, the original benefits will be stopped and the relevant provisions of this chapter will be enjoyed. If an employee who is injured in work still needs treatment after the expiration of the period of suspension of work and salary, he or she will continue to enjoy medical treatment for the work injury. If an employee who cannot take care of himself or herself needs care during the suspension of work and pay period, the unit shall be responsible for his or her work.
15, Family visit leave
"Regulations of the State Council on the Treatment of Employees' Family Visits" stipulates: If an employee visits his spouse, he will give one party a family visit leave once a year, and the holiday is 30 days; if an unmarried employee visits his parents, he will give a leave once a year, and the holiday is 20 days; if an employee cannot give a leave that year due to work needs, or if an employee voluntarily visits his relatives every two years, he can give a leave once a year, and the holiday is 45 days; if a married employee visits his parents, he will give a leave once a four-year period, and the holiday is 20 days. In addition, travel leave is given according to actual needs. All the above holidays include public holidays and statutory holidays. All employees who implement a leave system (such as school faculty and staff) should visit their relatives during the leave period; if the leave period is short, the unit can arrange appropriately to make up for the number of days of their visit to relatives.
16, distance leave
"Notice of the State Administration of Labor and the Ministry of Finance on the Issues of Marriage and Bell Leaves and Road Leaves for Employees in State-owned Enterprises" stipulates: 3. During the approved marriage and bellage leave and distance leave, the wages of employees are paid. All the vehicles, ship fares, etc. along the way are borne by the employees themselves.
If it is for family leave, according to Article 6 of the "Regulations on the Treatment of Family Visits": the round-trip travel expenses for employees to visit their spouses and unmarried employees to visit their parents shall be borne by their unit. If the round trip fee for a married employee to visit his parents is within 30% of his monthly standard salary, he shall bear the excess amount and the unit shall bear the excess.
17. Fake social activities
Article 40, paragraph 2 of the "Trade Union Law" stipulates: Non-full-time members of grassroots trade unions occupy production or working hours to attend meetings or engage in trade union work. Their wages shall be paid for no more than three working days per month, and other benefits shall not be affected.
"Jiangsu Province Wage Payment Regulations" Article 30 stipulates that if a worker occupies working hours for participating in the following social activities in accordance with the law, the employer shall deem the worker to provide normal labor and pay his wages: (I) Exercise the right to vote or be elected; (II) People's Congress representatives and CPPCC members perform their duties in accordance with the law; (III) Elected representatives attend meetings held by the government, parties, trade unions, youth leagues, women's federations, etc.; (IV) Become a juror of the People's Court; (VI) Attend a meeting of model workers and advanced workers; (VI) Non-full-time staff of grassroots trade unions perform their duties; (VII) Participate in collective consultation and signing collective contracts during their tenure as collective consultation representatives; (VII) Participate in military service registration and other enlistment matters and reserve personnel participate in military training; (IX) Other social activities stipulated by laws, regulations and rules.
18, China Farmers’ Harvest Festival
On June 21, 2018, with the approval of the Party Central Committee and the approval of the State Council, the Autumnal Equinox will be established as the "Chinese Farmers’ Harvest Festival" every year starting from 2018. The dates of the first and second "Chinese Farmers' Harvest Festival" are September 23, 2018 and September 23, 2019 respectively.
19. Company business holidays
Article 31 of the "Jiangsu Province Wage Payment Regulations" stipulates: If an employer stops work, production or business due to workers' reasons, and within one wage payment cycle of the worker, it shall be deemed that the worker provides normal labor to pay his wages. If more than one wage payment cycle, wages may be paid according to the labor provided by the work by the workers in accordance with the newly agreed standards between the two parties; if the employer does not arrange the work of the workers, the worker's living expenses shall be paid at no less than 80% of the local minimum wage standard. If the state has other provisions, the provisions shall prevail.
Article 32 stipulates: If an employer pays the workers sick leave wages, disease relief expenses and living expenses according to the provisions of Articles 27 and Article 31 of these Regulations, in accordance with the provisions of Articles 27 and 31 of these Regulations, he or she must bear the social insurance premiums and housing provident fund that should be paid by the workers individually.
20, Class A infectious disease leave
In 2003, SARS "SARS" ravaged the world, and according to official statistics, a total of 919 lives were claimed. The epidemic in Asia is particularly serious, with China, , Singapore, , and Vietnam. This "atypical pneumonia" left an indelible "atypical memory" in people's hearts...
The Class A infectious disease leave stipulated in Jiangsu is a special regulation and has not been seen in other regions. That is, Article 28 of the "Jiangsu Province Wage Payment Regulations" stipulates that for suspected patients or close contacts who are listed as Class A infectious diseases in accordance with the law or take control measures for Class A infectious diseases, if they are excluded from being a patient or suspected patient after isolation observation, the employer shall deem the employee to provide normal labor and pay their wages during the isolation observation period. The number of days of such sick leave is unknown and depends on the medical observation results. For example, SARS, the employer shall be deemed to be a normal attendance to pay the workers' salary.
21, nursing fake for only children
In local policies, some provinces, cities and districts have made similar regulations: Elderly people who enjoy the treatment of parents of only children, during the hospitalization period of illness, employers should support their children in nursing care and give a total of 5-20 days of nursing time per year.
According to incomplete statistics, as of now, at least Fujian, Guangxi, Hainan, Hubei, Heilongjiang, Huai'an , Guangzhou, Chongqing, Sichuan, Hebei, Shanxi, Henan, Ningxia, Inner Mongolia, Yunnan, and Xi'an have issued specific regulations related to "only child care leave".
The nursing time in various places is usually around 15 days. Henan stipulates that the cumulative amount of only children is no less than 20 days per year, and Heilongjiang stipulates that the cumulative amount of only children is 20 days per year.
In order to better protect the rights and interests of the elderly, Sichuan, Heilongjiang, Ningxia, Yunnan and other places also stipulate that non-only children can also be paid care. has a slightly shorter duration than that of only children, but it can also reach 7-10 days.
All provinces stipulate that paid care for children of must meet the conditions for "the elderly to be hospitalized during the illness". Among them, Sichuan and other provinces have strict regulations and require that they meet the conditions of "the elderly cannot take care of themselves during the hospitalization period of illness". Chongqing also stipulates the conditions of "when the elderly are hospitalized for treatment and need level 2 or above care."
Fujian As the first province to include paid care in the regulations, the relevant policies have been implemented for more than two years since March 1, 2017.
