Staff of government agencies and institutions.
Measures for the Implementation of Paid Annual Leave".
On February 15, 2008, the Ministry of Personnel promulgated Order No. 9 and came into force on the date of promulgation).
Article 1 In order to standardize the implementation of the paid annual leave (hereinafter referred to as annual leave) system by organs and institutions, these measures are formulated in accordance with the Regulations on Paid Annual Leave for Employees (hereinafter referred to as the "Regulations") and relevant national regulations.
Article 2: The time of "continuous work" in Article 2 of the "Regulations" and the time of "cumulative work" in Articles 3 and 4 shall be calculated according to the number of years of service of the staff of organs and public institutions (hereinafter referred to as "staff").
After 1 year, 10 years and 20 years of service, the staff member shall be entitled to the corresponding number of annual leave days from the following month.
Article 3 The leave for family leave, marriage and funeral leave, and maternity leave provided for by the State shall not be included in the annual leave.
Article 4 If a staff member has already enjoyed the annual leave of the current year, and one of the circumstances specified in subparagraphs (2), (3), (4) and (5) of Article 4 of the Regulations occurs during the year, he or she shall not be entitled to the annual leave of the following year.
Article 5 If a staff member who shall enjoy winter and summer vacations in accordance with the law does not take winter or summer vacation due to work needs, the unit to which he belongs shall arrange for him to take annual leave;If the number of days of winter and summer vacation due to work is less than the number of annual leave days, the unit to which they belong shall arrange to make up the number of annual leave days.
Article 6 Where a staff member is unable to arrange annual leave in the current year due to undertaking field geological exploration, field surveying and mapping, ocean-going scientific investigation, polar scientific investigation and other special tasks, it may be arranged across one year.
Article 7: Where organs and public institutions do not arrange for their staff to take annual leave due to work needs, they shall solicit the opinions of the staff members themselves.
Organs and public institutions shall pay their staff members annual leave wages and remuneration based on the number of days of annual leave that they should have taken. The rate of payment of annual leave salary is 300% of the daily wage income of the year in which the employee is required to take annual leave, including the salary income of the staff member during the normal working period, for each day that should be taken.
In addition to the salary income during the normal working period, the remaining part of the annual leave salary and remuneration of the staff shall be paid by the unit in a lump sum in the first quarter of the following year, and the required funds shall be solved according to the current funding channels. Units that implement the unified payment of wages shall be included in the unified payment of wages.
Article 8 The daily wage income of the year in which the staff member shall take annual leave shall be calculated by dividing the annual salary income by the number of paid days in the year (261 days).
The annual salary income of the staff of the organ shall be the sum of the basic salary, the allowance and subsidy stipulated by the state, and the one-time bonus at the end of the yearThe annual salary income of the staff of a public institution shall be the sum of the basic salary, allowances and subsidies stipulated by the state, and performance-based wages payable to the staff of public institutions throughout the year. Among them, the allowance and subsidy stipulated by the state do not include the monetary subsidy directly issued to staff in accordance with the reform of the housing, car and other systems.
Article 9 Where an organ or public institution has arranged annual leave, and the staff member has not taken it and has any of the following circumstances, he or she shall only enjoy the salary income during the normal working period:
1) Failure to take annual leave due to personal reasons;
2) The cumulative amount of personal leave has exceeded the number of days of annual leave that the person should take, but is less than 20 days.
Article 10 According to the specific conditions of the work and taking into account the wishes of the staff members, the organs and public institutions shall make overall arrangements to ensure that the staff members enjoy annual leave. Organs and public institutions shall strengthen the management of annual leave and strictly enforce the attendance system.
The local people's personnel administration departments at or above the county level shall, on the basis of their authority, take the initiative to supervise and inspect the implementation of annual leave by organs and public institutions.
Article 11 If an organ or institution does not arrange for its staff to take annual leave and does not pay annual leave wages and remuneration in accordance with the provisions of these Measures, the local people's personnel administration department at or above the county level shall order it to make corrections within a time limit. If the correction is not made within the time limit, in addition to ordering the unit to pay the annual leave salary and remuneration, the unit shall also pay additional compensation to the staff according to the amount of the annual leave salary and remuneration.
For those who refuse to pay annual leave wages and compensation, and belong to organs and public institutions managed with reference to the Civil Servants Law, the directly responsible managers and other directly responsible personnel shall, in accordance with the authority of cadre management, be punished in accordance with law and ordered to pay;Where they belong to other public institutions, the directly responsible managers and other directly responsible personnel shall be given sanctions in accordance with law in accordance with the scope of cadre management authority, and the personnel administration department at the same level or the staff member himself shall apply to the people's court for compulsory enforcement.
Article 12 Disputes between staff members and their units arising from annual leave shall be handled in accordance with the provisions of the State on the handling of civil servants' complaints and accusations and personnel disputes.
Article 13 The annual leave of the staff of embassies and consulates stationed abroad, the personnel dispatched to Hong Kong and Macao, and the non-diplomatic personnel of organs and institutions stationed abroad shall be implemented in accordance with the provisions of the Regulations and these Measures.
In accordance with the provisions of the State, the annual leave of the staff of other units of the approved executive organs and public institutions shall be implemented with reference to the provisions of the "Regulations" and these Measures.
Article 14: These Measures shall come into force on the date of promulgation.