Five key points about annual leave

english.shanghai.gov.cn| September 20, 2024

Key point 1: Accumulated working time

The number of annual leave days an employee is entitled to depends on their accumulated working time.

Key point 2: Exclusions from annual leave

Statutory holidays and regular rest days are not counted as part of annual leave. Additionally, state-mandated leave, such as home leave, marriage leave, bereavement leave, maternity leave, and paid suspension for work-related injuries, are excluded from annual leave.

Key point 3: Overall arrangements

Employers organize annual leave for employees based on the company's actual production and work needs, while also considering the preferences of employees.

Tip: Employees are advised to discuss and agree on leave with their employer if necessary.

Key point 4: Within the calendar year

Annual leave can be taken all at once or divided across multiple times, but it should typically be used within the same calendar year. If the employer requires the leave to be taken over two years, the employee's consent must be obtained.

Key point 5: Pay for untaken leave

If an employer does not grant annual leave, with the employee's consent, they must pay the employee 300 percent of the daily wage for each day of untaken leave (this includes the regular wage).

(In other words, for untaken annual leave, the employer must pay an additional 200 percent of the daily wage, since the employee has already received their regular salary for that period.)

 

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