annual leave is the paid continuous leave that workers enjoy every year after working for a certain number of years. So how do employees with special working hours or special labor relations enjoy annual leave? Let’s take a look!
How do employees under the special working hour system enjoy annual leave?
Comprehensive calculated working hours work system means that due to special working conditions or restrictions by seasons and natural conditions, enterprises need to arrange for employees to work continuously and are unable to implement the standard working hour system . Instead, they adopt a working hour system that comprehensively calculates working hours in cycles of weeks, months, quarters, years, etc. Annual leave is not directly related to the working hour system. As long as the conditions for enjoying annual leave are met, the employer should arrange annual leave.
Generally speaking, enjoying one day of annual leave means taking 24 consecutive hours of rest; when calculating the attendance time for comprehensive working hours, the time for annual leave arranged according to law should be deducted (working time is calculated as 8 hours).
How do employees under the piece-rate system enjoy annual leave?
Some people say that employees under the piece-rate system do not enjoy annual leave or only enjoy the minimum wage during annual leave. In fact, this statement is wrong.
According to the "Implementation Measures for Paid Annual Leave for Enterprise Employees", employees enjoy the same salary income during annual leave as during normal working hours. For employees who implement piece-rate wages, commission wages or other performance-based wage systems, the daily wage income is calculated according to the employee's monthly wage divided by the number of monthly pay days (21.75 days). Monthly salary refers to an employee’s average monthly salary after excluding overtime wages in the 12 months before the employer pays his or her untaken annual leave wages. If the employer has worked for less than 12 months, the average monthly salary will be calculated based on the actual month.
Do labor dispatch employees enjoy annual leave?
According to the "Implementation Measures for Paid Annual Leave for Enterprise Employees", if the dispatched employee is paid by the labor dispatch unit in accordance with the law for more days than the number of annual leave days he should enjoy throughout the year during the period of the labor contract, he will not enjoy the annual leave for that year; if it is less than the number of annual leave days he should enjoy throughout the year, the labor dispatch unit and the employer should negotiate and arrange to make up for the dispatched employee's annual leave days.
Long sick leave Do employees enjoy annual leave?
According to the "Regulations on Paid Annual Leave for Employees", employees who have any of the following circumstances will not enjoy annual leave for that year: 1. Employees enjoy winter and summer vacations in accordance with the law, and the number of vacation days is more than the number of annual leaves; 2. Employees take personal leave for more than 20 days in total and the unit complies with regulations. Wages will not be deducted; 3. Employees who have worked for more than 1 year but less than 10 years in total have asked for sick leave for more than 2 months in total; 4. Employees who have worked for more than 10 years but less than 20 years in total have asked for sick leave for more than 3 months in total; 5. Employees who have worked for more than 20 years in total have asked for sick leave for more than 4 months in total.
If an employee has already enjoyed the annual leave of the current year, and one of the circumstances specified in items (2), (3), (4), and (5) above occurs during the year, he will not enjoy the annual leave of the next year. It should be noted that family leave, wedding and funeral leave , maternity leave and other state-mandated holidays that employees enjoy in accordance with the law, as well as periods of suspension of work due to work-related injuries without pay, are not included in the annual leave.
How do crew members enjoy annual leave?
According to the "Regulations of the People's Republic of China on Seafarers", seafarers are entitled to no less than 5 days of annual leave for every 2 months of working on the ship.
The crew employer shall pay the crew member a remuneration that is no less than the average salary of the crew member during the period of working on the ship during the crew's annual leave.
