企業(yè)職工帶薪年休假實施辦法

1、企業(yè)職工帶薪年休假實施辦法（英文版）Implementation Measures for Paid Annual Leave for Employees of Enterprises 企業(yè)職工帶薪年休假實施辦法Article 1 These Measures are formulated for the purpose of implementing the Regulation on Paid Annual Leave for Employees （hereinafter referred to as Regulation）.第一條 為了實施職工帶薪年休假條例（以下簡稱條例），制定本實施辦

2、法。Article 2 These Measures apply to the enterprises, private non-enterprise entities and individual industrial and commercial households hiring labor （hereinafter referred to as "employer"） in the People's Republic of China and the employees having an employment relationship therewith.

3、第二條 中華人民共和國境內(nèi)的企業(yè)、民辦非企業(yè)單位、有雇工的個體工商戶等單位（以下稱用人單 位）和與其建立勞動關(guān)系的職工，適用本辦法。Article 3 Employees who have worked continuously for one year or more are entitled to paid annual leave.第三條 職工連續(xù)工作滿 12 個月以上的，享受帶薪年休假（以下簡稱年休假）。Article 4 The days of annual leave which may be taken by an employee shall be determined acc

4、ording to the employees accumulative working time which shall cover the employees working time in the same or different employers and the hours deemedas working time by any law, administrative regulation or State Council provisions.第四條 年休假天數(shù)根據(jù)職工累計工作時間確定。職工在同一或者不同用人單位工作期間，以及依照 法律、行政法規(guī)或者國務(wù)院規(guī)定視同工作期間，應(yīng)當(dāng)

5、計為累計工作時間。Article 5 The days of annual leave which may be taken by a new employee who satisfies the requirement of Article 3 in the current year shall be calculated according to the number of days from the time when he is employed by this employer to the end of the calendar year, and if the result is

6、 less than one day, he shall not enjoy annul leave this year.第五條 職工新進用人單位且符合本辦法第三條規(guī)定的，當(dāng)年度年休假天數(shù)，按照在本單位剩余日歷 天數(shù)折算確定，折算后不足 1 整天的部分不享受年休假。The calculation formula is: the number of days from the time when he is employed by thisemployer to the end of the calendar year/365xthe days of annual leave he is ent

7、itled to if heworks for this employer for 12 months in the current year.前款規(guī)定的折算方法為：（當(dāng)年度在本單位剩余日歷天數(shù)£65天）漓只工本人全年應(yīng)當(dāng)享受的年休假天數(shù)。Article 6 Home leave, marriage or funeral leave and maternity leave as given by the state as well as the period of suspension of work with reservation of salary due to work in

8、jury shall be additional to paid annual leave.第六條 職工依法享受的探親假、婚喪假、產(chǎn)假等國家規(guī)定的假期以及因工傷停工留薪期間不計入年 休假假期。Article 7 An employee who has taken winter and summer vacations more than the due annual leave in a year is not entitled to the annual leave of the year. If the days of winter and summer vacations taken b

9、y the employee are less than the days of paid annual leave, for work reasons, the employer he works for shall grant to him the untaken annual leave days.第七條 職工享受寒暑假天數(shù)多于其年休假天數(shù)的，不享受當(dāng)年的年休假。確因工作需要，職工享受 的寒暑假天數(shù)少于其年休假天數(shù)的，用人單位應(yīng)當(dāng)安排補足年休假天數(shù)。Article 8 If an employee falls under any of the circumstances prescrib

10、ed in Article 4 (2), (3), (4) and (5) of the Regulation in the year after taking the annual paid leave of that year, he shall not be entitled to the paid annual leave of the next year.第八條 職工已享受當(dāng)年的年休假，年度內(nèi)又出現(xiàn)條例第四條第(二)、(三)、(四)、(五)項 規(guī)定情形之一的，不享受下一年度的年休假。Article 9 An employer may, in light of the actual p

11、roduction and work situation, plan the annual leave of its employees as a whole on the basis of employees own wills. Where an employer cannot give annual leave to an employee or decides to postpone the annual leave to the next year due to work needs, it shall get the consent of the employee.第九條 用人單位

12、根據(jù)生產(chǎn)、工作的具體情況，并考慮職工本人意愿，統(tǒng)籌安排年休假。用人單位確 因工作需要不能安排職工年休假或者跨 1 個年度安排年休假的，應(yīng)征得職工本人同意。Article 10 Where an employer does not give annual leave to an employee or gives him days of annual leave less than the days of annual leave due upon the consent of the employee, it shall pay the employee 300% of his daily w

13、age income for each day of the annual leave due and not taken in the year, which includes the wage income to be paid by the employer to the employee per day in normal working days.第十條 用人單位經(jīng)職工同意不安排年休假或者安排職工休假天數(shù)少于應(yīng)休年休假天數(shù)的，應(yīng)當(dāng)在本 年度內(nèi)對職工應(yīng)休未休年休假天數(shù)，按照其日工資收入的300%支付未休年休假工資報酬，其中包含用人單位支付職工正常工作期間的工資收入。An employe

14、r shall give annual leave to its employees, but if any employee gives a writing notice of not taking annual leave on his own will, the employer is allowed to pay for the employees normal working days.用人單位安排職工休年休假，但是職工因本人原因且書面提出不休年休假的，用人單位可以只支付其 正常工作期間的工資收入。Article 11 The formula for calculating the

15、daily wage income of an employee which is used for calculating the payment for his annual leave time due but not taken shall be dividing the monthly wage income of the employee into the working days (21.75days.)第十一條 計算未休年休假工資報酬的日工資收入按照職工本人的月工資除以月計薪天數(shù)( 21.75 天)進行折算。The monthly wage income mentioned i

16、n the preceding paragraph refers to the average monthly wage for 12 months, which deducted the overtime pay, before the employer pay to the employees the wage income of the annual leave not taken前款所稱月工資是指職工在用人單位支付其未休年休假工資報酬前 12 個月剔除加班工資后的月平均 工資。在本用人單位工作時間不滿 12 個月的，按實際月份計算月平均工資。If the working days of

17、 employees are less than 12 months for their employer, the monthly wage income mentioned in the preceding paragraph refers to the average monthly wage in accordance with the actual working days.Employees taking annual leave are entitled to the wages of normal working days. The daily wage of employee

18、s paid by piece, by commission or by employees 'performance shall be in line with the paragraph 1 and paragraph 2 of the Article.職工在年休假期間享受與正常工作期間相同的工資收入。實行計件工資、提成工資或者其他績效工資 制的職工，日工資收入的計發(fā)辦法按照本條第一款、第二款的規(guī)定執(zhí)行。Article 12 when employers and employees relieve or terminate the labor contract, the emplo

19、yer have not granted the employee the due annual leave, the employer shall calculate the daily wage of the annual leave due and pay for the not taken annual leave in accordance with the past working days the employee has worked for the employer in the current year. The part of the untaken annual lea

20、ve due which is less than 1 day shall not be paid.第十二條 用人單位與職工解除或者終止勞動合同時，當(dāng)年度未安排職工休滿應(yīng)休年休假天數(shù)的，應(yīng) 當(dāng)按照職工當(dāng)年已工作時間折算應(yīng)休未休年休假天數(shù)并支付未休年休假工資報酬，但折算后不足 1 整天的 部分不支付未休年休假工資報酬。The calculation formula of previous provision is:( the number of calendar days the employeehas worked for the employer in the current year /3

21、65 days) xthe days of annual leave he is entitled in the current year - the days of taken annual leave in the current year.前款規(guī)定的折算方法為：(當(dāng)年度在本單位已過日歷天數(shù)£65天)漓只工本人全年應(yīng)當(dāng)享受的年休假天數(shù) -當(dāng)年度已安排年休假天數(shù)。If the days of annual leave taken by the employee are more than the days of entitled annual leave, the employer

22、 he works for shall not deduct the days.用人單位當(dāng)年已安排只工年休假的，多于折算應(yīng)休年休假的天數(shù)不再扣回。Article 13 The day of annual leave due and the payment for the annual leave time due stipulated in the labor contract, collective contract or regulated in the rules and regulations of enterprise which is higher than the standar

23、d provisions by laws the employer shall carry it out according to the concerning agreements or regulations.第十三條 勞動合同、集體合同約定的或者用人單位規(guī)章制度規(guī)定的年休假天數(shù)、未休年休假工資報酬 高于法定標(biāo)準(zhǔn)的，用人單位應(yīng)當(dāng)按照有關(guān)約定或者規(guī)定執(zhí)行。Article 14 The employee of staffing firm who satisfies the requirement of Article 3 are entitled to take the annual leav

24、e days.第十四條 勞務(wù)派遣單位的只工符合本辦法第三條規(guī)定條件的，享受年休假。If the days of wage paid by the staffing firm to the employee without job during the labor contract period is more than the days of annual leave time due in the current year, the employee shall not be entitled to the annual leave in the current year. If the d

25、ays are less than the entitled days of annual leave in the year, the staffing firm or the employer shall negotiate to give the dispatched employee the untaken annual leave.被派遣職工在勞動合同期限內(nèi)無工作期間由勞務(wù)派遣單位依法支付勞動報酬的天數(shù)多于其全年應(yīng)當(dāng)享 受的年休假天數(shù)的，不享受當(dāng)年的年休假；少于其全年應(yīng)當(dāng)享受的年休假天數(shù)的，勞務(wù)派遣單位、用工單 位應(yīng)當(dāng)協(xié)商安排補足被派遣職工年休假天數(shù)。Article 15 The p

26、ersonnel department of peoples governments above the county level shall conduct supervision and examination on the implementation of these regulations and measures by units in accordance with their authority.第十五條 縣級以上地方人民政府勞動行政部門應(yīng)當(dāng)依法監(jiān)督檢查用人單位執(zhí)行條例及本辦法的情況。Where a unit fails to arrange for annual leave

27、for employees and pay wage remuneration on annual leave in accordance with the Regulations, the labor administration department of people's government above the county level shall order rectificationwithin a time limit. If norectification is made within the time limit, such unit shall be ordered

28、 payment of wage remuneration on annual leave and also make additional compensation to employees on the basis of the amount of the wage remuneration of annual leave. Where no wage remuneration on annual leave or compensation is made, the labor administration department shall apply for compulsory implementation by a people's court.用人單位不安排職工休年休假又不依照條例及本辦法規(guī)定支付未休年休假工資報酬的，由縣級以上地 方人民政府勞動行政部門依據(jù)職權(quán)責(zé)令限期改正；對逾期不改正的，除責(zé)令該用人單位支付未休年休假工 資報酬外，用人單位還應(yīng)當(dāng)按照未休年休假工資報酬的數(shù)額向職工加付賠償金；對拒不執(zhí)行支付未休年休 假工資報酬、賠償金行政處理決定的，由勞動行政部門申請人民法院強制執(zhí)行。Article 16 If the employe