배움과 공유의 시간

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.