중국 노동법 (연차휴가, 연차휴가 미사용 보상 등)

(3) Announcement of employee annual leave

Article 18 of the Regulations for Annual Leave clarifies that the Gregorian calendar, or 365 days, is managed as a calculator from January 1 to December 31 every year. Accordingly, the entity uniformly distributes all of its employees on an annual basis (January 1 to December 31), and the employee enters the entity during the year and leaves the entity on an annual basis commensurate with the remaining period (December 31) at the end of the year. While there are two ways to arrange annual leave, entities generally operate a mix of both:

1 The company uniformly complains. It is required to arrange unification of the two to five days in line with the time when the company's production activities such as Spring Festival are suspended, and to set a period of partial periods, such as the peak season, as the period for annual leave use period. The remaining period of use shall be approved by the department manager and used on annual leave according to personal circumstances.
2 Annual leave is granted according to personal application, without a unified In this case, we're going to have to have a staff member.
If the management of the annual use status is not strictly enforced, it is likely to face a demand for unpaid annual leave compensation at the end of the year.

Unification Announcement of Annual Holidays
A Korean factory in Qingdao used legal annual leave around the spring or summer season, or when the factory was free, by uniformly arranging several days off for all employees. However, an employee has demanded compensation for not using his annual leave when resigning. The company arranged the holiday for unification, but lost the labor case because there was no written evidence that it was arranged in the name of the annual leave.
In the event of a unified arrangement of the company, a written document can be created to indicate "No Day of Year Holiday," or "No Day of Year Holiday" on the wage statement, or an employee's signature verification can effectively prevent labor disputes.

3. Compensation without annual leave

Need to pay compensation if sorry for annual leave
Since it is the legal obligation of the company to arrange annual leave, the diarrhea employee did not apply for annual leave unless the employee submitted a written waiver.Even if it does, it should be arranged principally.
A 200 percent compensation obligation will be imposed on companies for unused annual leave. by regulation
It is 300 percent, but it includes a normal wage, which is actually 200 percent.
Meanwhile, the arrangement itself is legally invalid because the in-house rule, or the company’s claim, "because the employee has not applied, is considered automatic abandonment," is itself a violation of relevant laws.

[Basic amount of compensation for unearned annual leave]
In case of compensating for unearned annual leave, the standard of first-class calculation is not the wages of the month, but the unearned.
This is the monthly average monthly salary of 12 months, excluding overtime expenses before the annual leave compensation (performance, allowances, and other benefits).
All bonuses, etc.)

Managing the use of annual leave
The entity should manage its employees’ annual leave to be completed within the year. It is important to note that while unacquired annual leave may be carried forward to the following year with the consent of the principal, it is inevitable to compensate 200 per cent if the end of the year is not over, if the end of the year, reject the consent and demand compensation, or if you retire.
Therefore, employees with an unacquired number of days remaining must be sent a notice of employee annual leave by the end of the year or two using the Employee Annual leave Execution Plan [Sample6-3] to determine the status of their annual leave use before the end of the year, requiring completion, or withdrawal of use within the time designated by the company.

Precautions for additional compound annual leave payment
Some Korean companies follow the Korean-style system, giving them extra annual leave in addition to legal annual leave in terms of benefits. In this case, if the company manages a mix of legal and compound annual leave, a dispute over payment of compensation may arise later. The legal characteristics of both parties are completely different, and since legal annual leave is mandatory for the payment of compensation when unused, the company shall manage the legal and the benefits annual leave strictly separately.

[working-level measures]

1 Regulations permit the use of a compound annual leave after its use has been completed from the legal leave.
The vacation application form identifies whether it is a "court annual leave" or a "benefit annual leave."
Set up a separate column
2 Request confirmation and signature of cumulative continuous service life after confirming that evidence is submitted at the time of employment.
If you have any other work experience at the time of your employment, submit a social insurance payment certificate, etc
Obtain a confirmation signature on the document on your cumulative length of service.
3 Specifications for the effective clause of unused annual leave
Welfare annual leave is not legally required to pay compensation for non-use.
Set a clause in the employment rules that automatically becomes effective when not in use by the end of the year

In case annual leave is wasted early on retirement
When an employee retires, the employee shall not be entitled to a wage deduction for early use if the number of annual leave days available for the year is exhausted. For example, if an employee with a cumulative two-year service life retires after using up to five days of the annual leave of the year at the end of January, the entity cannot deduct that daily allowance for overuse of the employee’s annual leave. Therefore, it is necessary to set up and manage the usage by a certain period, such as half-yearly leave.

Response to unused annual leave upon retirement
In the event of termination or termination of a labor contract with an employee, the employee shall be required to ensure that unused annual leave remains. The calculation formula is as follows, cutting less than one day.

(Number of days remaining in Calendars × 365)휴 Number of days available for annual leave-number of days spent in the current year

 

[Example] If an employee with a two-year cumulative service life is terminated on March 31, the employee’s unused leave will be zero if the employee has already used one day of annual leave. (90 days ÷ 365 days) 5 5 days 1 days = 0.23 days * Cut according to decimal point law

[working-level measures]

1 Voluntary resignation person
In the event of voluntary resignation, the company notice is in principle 30 days before the resignation, and if the resignation is submitted, it will not be obtained.
at an appropriate time after the end of the annual leave.
take care of retirement
2 Termination of employment at the time of contract expiration
The employee who is due to terminate the contract shall either be required to use the annual leave by checking the number of unearned days in advance or by giving notice of the annual leave plan.
3 Dismissing the Negotiation
When negotiating, the end of labor relations is adjusted to the completion of unused annual leave use.
4 Discipline.
The company does not have an obligation to pay compensation for the annual leave because the disciplinary notice has made it impossible for the management to arrange annual leave due to the employee's negligence.