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(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.

husband's maternity leave

With the implementation of the "full-blown two-child policy" from January 2016, the maternity leave was cancelled to encourage late marriage. Instead, maternity leave is extended by that number, and the number of days for her husband's maternity care leave has increased more than before. Legally, when two children are born, extended maternity leave and nursing leave are granted on a uniform basis.

maternity leave and nursing leave by region
Local maternity leave husband maternity leave area maternity leave husband maternity leave
Beijing 128th and 15th, Sichuan Province 158th and 15th.
Tianjin 128, 7th, 158th, 15th, 15th.
Shandong Province 158 days, 7 days, 158 days, 15 days, 15 days, 15 days.
Shanghai 128th and 10th, Habukseong 158th and 15th.
Toughness 158 to 15 days, rigidity 128 to 15 days
Gangseo Castle 158th and 15th, 128th and 15th.
Bokgunseong Fortress 158 days - 1980 days - 15 days, Unnamseong 158 days and 30 days
Guangdong Province 128th and 15th, Honam Province 158th and 20th.
Gwangseo Province 148th and 25th, Kilimseong Fortress 158th and 15th.
Hoobukseong Fortress 128th and 15th, Haenamseong 188th and 15th.
Sanshu Castle 158-25, Guju Castle 158-15.
Anhui Province 158 Days and 10 Days (Taji
20 days apart, 158 days, 20 days, different days.
25 Days of Separation)
Ningxia Autonomous Prefecture 158-20th

a four-decorative

In the case of the death of an employee's immediate family (parent, spouse, child) and father-in-law or in-laws, the state-owned enterprise is entitled to one to three days of reinstatement leave (notice on the issue of the General Administration of Labor, the Ministry of Finance's state-owned business direct marriage leave, funeral leave and labor leave).
In the case of foreign-invested companies, they are free to make arrangements without any special regulations, but are usually granted three days of reinstatement leave in accordance with the regulations of state-owned enterprises. The immediate family includes only parents, actors, and children. In other words, only the parents who gave birth to them, the children they gave birth to, fall under the direct line of law. This includes the death of a spouse's parents (mother-in-law, in-laws) as well as the subject of paid funeral leave under the above-mentioned regulations.
The death of one's relatives, such as grandparents and siblings, is not legally mandatory, but most of them are granted paid reinstatement leave of up to one or two days in order to manage the recognition of Chinese social customs.

02 Annual leave

Annual leave has been mandatory since January 2008. We should not mistake China's annual leave system for something similar to Korea. Influenced by the socialist era in the past, the number of annual leave days in China is calculated by summing the number of years of service for all workplaces who have worked since graduation. Therefore, it is important to make sure that the number of annual leave days is fixed by requiring the company to submit reliable evidence such as social insurance payment records at the time of employment. In addition, since China is required to pay 200 percent compensation for the annual leave micromanagement, it is necessary for businesses that employ a large number of workers to regularly check the use of the annual leave.

1. Overview of annual leave

(1) Number of legal annual leave days

The number of annual leave days increases by five every 10 years. The annual leave will be added to the five-day period, with a 10-year and 20-year service. For employees whose cumulative service life in the middle of the year exceeds 10 years and 20 years, each of them is calculated separately and added together (e.g., employees exceeding 10 years as of July 1st: 2.5 days in the first half + 5 days in the second half = 7.5 days in the second half (

Number of legal annual leave days
Accumulated years of continuous service and annual leave
Five days, more than a year, less than 10 years.
10 days after 10 years and less than 20 years.
15 days over 20 years

non-acquisition requirements for annual leave
If the reasons below exist, the employees are not allowed to take annual leave of the year, and if the reasons exist for that year:
If annual leave is used, annual leave for the following year cannot be obtained.
1 If the accumulated number of private vacation days paid normally is 20 days or more;
ᄋ Annual leave is granted even if the deduction for wages is 20 days or more.
2 In case the sick leave period exceeds the maximum limit corresponding to the number of years of service;
ᄋ Employees with more than one year of service and less than 10 years of service: more than two months
ᄋ Employees with ten or more years of service and less than 20 years of service: more than three months
ᄋ Employees with more than 20 years of service: 4 months or more

(2) Starting the annual leave = "continuous" working for more than 12 months

As annual paid leave may be obtained for consecutive months of service, annual leave may be enjoyed commensurate with the remaining calendar period of the year from one year after the company’s entry.
ᄋ If you enter the current job after graduation, you must work for 12 months in a row after entering the company, at which point you can enjoy the annual vacation.
ᄋ go to attend If you join a company, you will be considered a "continuous" service only if you do not have "cut-off" working hours at other workplaces and at the time of your current job, and you will be able to enjoy your annual leave from the 12th consecutive month.
[Example] If you joined the company on July 1, 2015, you can use half of the number of annual leave days from July to the end of 2016 and the end of the year.

Understanding "Continuous Full 12 Months"
In South Korea, the starting date of annual leave is limited to "one year after joining the company." However, it was not limited to more than 12 months of service in China in succession to "the same company." The reason why the company is not limited to this type of business seems to be that there are special situations such as transfer between related companies. Therefore, if there is no special situation, such as transfer between the related companies, and if there is a single break in the working hours between the entire company and this company, it cannot be called "continuous."

[Direct map on the trial of the labor dispute bill by the Shenzhen Intermediate People's Court ]
Article 109 The "Regulations on the Enforcement of Paid annual leave for Enterprises" provided in Article 3 of the Regulations for Corporate Workers’ Compensation and Welfare Service includes the situation of workers’ continuous service in this company for more than 12 months, and also the situation of workers’ continuous service in other companies for more than 12 months. Except in cases where workers are cut off from their jobs at a new company.

(3) Number of days spent on annual leave - "Cumulative" combining the number of years of service at other workplaces

The calculation standard for the number of annual leave days in China is a cumulative period of service, summing up the period of intermittent service not only in this company but also in all workplaces that have worked since graduation. In other words, even if a job is changed, the number of working years for the previous job is calculated and the number of annual leave days is set. Therefore, it is important to note that the burden of annual leave increases as much when hiring people with long company or military experience.

[Confirmation of accumulated service years]
The employee has a burden of proof for his or her years in other companies. When an employee submits data such as "social insurance payment certificate" that certifies the period of service at another workplace, the number of annual leave available each year is calculated according to the company’s review and approval, combined with the "accumulated" years of other jobs.

(4) An arrangement for an annual vacation

The principal interest in annual leave arrangements is in the company, and the company may consider production management conditions first and arrange annual leave on a planned basis by collecting the opinions of employees. For example, the peak season.
can be operated by enacting and promulgating the company’s annual holiday arrangement at the beginning of the year, such as by prohibiting the use of annual leave and using it in off-season or by requiring it to be used in the month of order reduction.
As for the company's annual holiday arrangements, employees must follow unless there is a reasonable reason. If annual leave cannot be arranged to employees in need of the company's business, or the annual leave is carried forward year after year, it shall be done with the consent of the employee himself.
On the other hand, manufacturing companies may use the method of receiving factory documents for all employees and arranging them for the acquisition date of the annual leave of absence or during the spring or the off-season when normal operation is difficult.

2. Practice of annual leave

(1) When to first use an annual vacation

Some experienced employees combined with other companies to meet the "continuous 12 months" requirement.
From that year, annual leave may be required. The company can choose one of the two ways. However, for small and medium-sized enterprises, the use of the method of 1 is recommended. It is unfair to provide annual leave from the year of joining this company by adding up other people's work experience, and even so, the lawbreakers are minor.

1 Granted the right to use annual leave after one year of employment as a whole
Most companies in China stipulate in their employment rules that they enjoy the right to take annual leave when working for 12 months in a row after joining the company. For unified management, the government grants the right to use annual leave commensurate with the remaining days of the year 12 months after entering the company, whether new graduates or experienced workers.
2 If there is no interruption in the social insurance payment period, the employee shall be entitled to use the annual leave from the year in which he or she enters the company.
Some large companies that value compliance with laws and regulations are granted annual leave rights from the year they entered the company, recognizing that they are "continuous" if they have no interruption in their entire work and social insurance payment periods and are more than 12 months in a row. If you join the company within a month of your former retirement, you will have to pay social insurance every month.
[Example] After five years of service to another company, after retiring on June 15, 2015, entered the company on June 30, 2015:
Number of annual leaves x (5 months 개월12 months) = 2 days of annual leave available

(2) Determination of cumulative continuous service life

Since China uses accumulated years of service, including the number of years of service for other companies, as the basis for calculating the number of days of annual leave, it is necessary to confirm the number of years of cumulative service at the time of joining the company and obtain a signature of one's own. If this period is missed, it is likely to cause unnecessary friction with the company, claiming the past working experience of other companies since they were transferred to full-time positions.
When you enter a company without a new graduate, enter the Schedule of Cumulative Continuity Investigation [Sample 2-9] and
Request the submission of relevant evidence (referred to as a rights report if not submitted) and receive the employee's signature.
As a matter of fact, it is desirable to eliminate the possibility of a dispute over a cumulative length of service while in office.
The simplest and most obvious way to verify the cumulative length of service is to find out where the Social Insurance Fund Management Center is located.
It is to check social insurance payment records by entering the website. Continue to pay social insurance
In case of an employee who has been placed under the contract, if you enter his or her social insurance number and ID number, he or she will immediately return to the hospital.
You can search past payment records.