Employees who have worked continuously for more than 12 months are entitled to paid annual leave.
To take annual leave, you need to make sure that you have worked continuously for at least 12 months, whether in the same company or in multiple units. The year is uninterrupted and seamless.
For example, Xiao Ming, who worked in Company A from January to April 2023, and later joined Company B in May until the end of December, although he has worked in two units, he has worked continuously for 12 months and can enjoy annual leave.
However, it needs to be converted to determine the number of annual leave days that Xiao Ming can enjoy in Company B in the current year.
Determined according to the cumulative working years of the employee:
Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave;
If the employee has completed 10 years but is less than 20 years, he shall take 10 days of annual leave
Those who have completed 20 years of leave will take 15 days of annual leave.
Annual leave is generally not taken across years and is arranged according to the natural year.
However, if it is really necessary for the employer to arrange the annual leave of the employee across years due to the characteristics of production and work, it may arrange it across one year, provided that the consent of the employee himself or herself is obtained.
If the employee does not agree to take annual leave across years, and the employer is unable to arrange to take annual leave, the employer shall pay the employee the salary for the unused annual leave.
Suppose Xiao Ming has just graduated and joined Company A for the first time, and the working time is July 1, 2015.
So, here's the question -
In the first calendar year (2015-1-1 to 2015-12-31), Xiao Ming is not entitled to annual leave.
Because Xiao Ming only started working in July, from 7-1 to 12-31, less than a year, there is no annual leave.
First, it does not meet the prerequisites for 12 months of continuous work;The second is that he has just worked, and his cumulative working experience is less than one year).
In the second calendar year (2016-1-1 to 2016-12-31), Xiao Ming can enjoy annual leave, but after calculation, Xiao Ming can only enjoy 2 days of annual leave in 2016.
Xiao Ming started working on July 1, 2015, and by July 1, 2016, he met the conditions of one year, and Xiao Ming should be entitled to 5 days of annual leave.
However, after reaching the condition of one year, the remaining calendar days of Xiao Ming in 2016 are from July 1 to December 31, that is, 184 days.
The formula for calculating annual leave in this case ——
(365 calendar days remaining in the current year) The number of annual leave days that the employee should enjoy throughout the year
184÷365）×5≈2.52 days.
Since 052 days is less than a full day, so Xiao Ming's annual leave in 2016 is 2 days.
In the second calendar year (2017-1-1 to 2017-12-31), Xiao Ming can enjoy annual leave, and in 2017, he can enjoy 5 days of annual leave.
One is to meet the requirements of continuous work for more than 12 months - can enjoy annual leave;
The second is to meet the scope of 1 year but less than 10 years of cumulative working experience - to meet the standard of 5 days of annual leave;
The third is that Xiao Ming will continue to work in the same unit - if he continues to work, Xiao Ming will enjoy 5 days of annual leave based on the calculation of the whole year.
The Measures for the Implementation of Paid Annual Leave for Employees of Enterprises stipulate that when an employer dissolves or terminates a labor contract with an employee, if the employee is not arranged to take the annual leave in the current year, the number of days of unused annual leave shall be calculated according to the employee's working hours in the current yearPay wages for unused annual leaveHowever, the part that is less than 1 full day after conversion is not eligible for unused annual leave salary.
The formula for calculating annual leave in this case is -
(365 calendar days have passed in the current year) The number of annual leave days that the employee should enjoy throughout the year The number of vacation days that have been arranged in the current year
Here's an example
Xiao Ming has been working in Company A for 2 consecutive years, and is entitled to 5 days of annual leave per year according to the regulations. When he resigned on September 30, 2017 and terminated the labor contract, Xiao Ming worked for Company A for 273 days in 2017 and had taken 2 days of annual leave.
273÷365）×5-2≈1.74 days.
Since 074 days is less than 1 full day, so Xiao Ming's converted annual leave is 1 day, that is, Company A should pay Xiao Ming 1 day of unused annual leave.
It is calculated as ——
Average salary (excluding overtime) in the 12 months prior to separation 2175 (monthly paid days) 200% of the days that should be taken
The law stipulates that it is three times, but it is already paid twice as much as the daily salary, so it is only necessary to claim two more times).
Here's an example
If Xiaoming's monthly salary is 5,000 yuan and there is 1 day of unused annual leave, then after resignation, the company should pay the salary of this day of unused annual leave
5000÷21.75×200%×1≈459.77 yuan.