In the workplace, employees sometimes fail to take the annual leave they are entitled to during their employment due to busy work or personal reasons. In this case, the law provides for the employee's right to compensation for unused annual leave after separation. Article 12 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises clearly stipulates this to protect the legitimate rights and interests of employees.
Article 12 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises stipulates that when an employer dissolves or terminates a labor contract with an employee, if the employee is not arranged to take the full annual leave in the current year, the employer shall calculate the number of unused annual leave days according to the time the employee has worked in the current year, and pay the corresponding salary and remuneration for the unused annual leave.This provision ensures that employees are entitled to due compensation for leave when they leave the company.
The conversion method is as follows::(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 annual leave days that have been arranged in the current year.
The result is the number of unused days of annual leave. It should be noted that if the number of converted days is less than one full day, the unused annual leave salary will not be paid.
In addition, if the employer has arranged the employee's annual leave in the current year, and it is more than the number of days that should be commuted into annual leave, the excess part will not be deducted. This means that employees don't lose any compensation because they have already taken annual leave.
It is important for employees to understand these regulations as they relate to whether their leave entitlements are adequately protected. At the time of separation, the employee should check whether he or she has unused annual leave and calculate the compensation due according to the above conversion method. If it is found that the employer has not paid the wages and remuneration for the unused annual leave in accordance with the regulations, the employee has the right to request compensation from the employer, and if necessary, he or she can protect his rights and interests through legal channels.