企业职工带薪年休假实施办法

1、企业职工带薪年休假实施办法（英文版）Implementation Measures for Paid Annual Leave for Employees of Enterprises 企业职工带薪年休假实施办法Article 1 These Measures are formulated for the purpose of implementing the Regulation on Paid Annual Leave for Employees （hereinafter referred to as Regulation）.第一条 为了实施职工带薪年休假条例（以下简称条例），制定本实施办法。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 Peopl

2、es Republic of China and the employees having an employment relationship therewith.第二条 中华人民共和国境内的企业、民办非企业单位、有雇工的个体工商户等单位（以下称用人单 位）和与其建立劳动关系的职工，适用本办法。Article 3 Employees who have worked continuously for one year or more are entitled to paid annual leave.第三条 职工连续工作满12 个月以上的，享受带薪年休假（以下简称年休假）。Article 4 The days of annual leave which may be taken by an employee shall be determined according to the employees accumulative working time which shall cover the employees working time in the same or differen

3、t employers and the hours deemed as working time by any law, administrative regulation or State Council provisions.第四条 年休假天数根据职工累计工作时间确定。职工在同一或者不同用人单位工作期间，以及依照 法律、行政法规或者国务院规定视同工作期间，应当计为累计工作时间。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 less than one da

4、y, he shall not enjoy annul leave this year.第五条 职工新进用人单位且符合本办法第三条规定的，当年度年休假天数，按照在本单位剩余日历 天数折算确定，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 this employer to the end of the calendar year/365 x the days of annual leave he is entitled to if he works for this employer for 12 months in the current year.前款规定的折算方法为：（当年度在本单位剩余日历天数一365天）x职工本人全年应当享受的年休假 天数。Article 6 Home leave, marriage or funeral leave and maternity leave as given by the state a

5、s well as the period of suspension of work with reservation of salary due to work injury shall be additional to paid annual leave.第六条 职工依法享受的探亲假、婚丧假、产假等国家规定的假期以及因工伤停工留薪期间不计入年 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 by the employee are less than the days of paid annual leave, for work reasons, the employer he works for shall grant

6、to him the untaken annual leave days.第七条 职工享受寒暑假天数多于其年休假天数的，不享受当年的年休假。确因工作需要，职工享受 的寒暑假天数少于其年休假天数的，用人单位应当安排补足年休假天数。Article 8 If an employee falls under any of the circumstances prescribed 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.第八条 职工已享受当年的年休假，年度内又出现条例第四条第(二)、(三)、(四)、(五)项 规定情形之一的，不享受下一年度的年休假。Article 9 An employer may, in light of the actual production and wo

7、rk 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.第九条 用人单位根据生产、工作的具体情况，并考虑职工本人意愿，统筹安排年休假。用人单位确 因工作需要不能安排职工年休假或者跨 1 个年度安排年休假的，应征得职工本人同意。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

8、 due upon the consent of the employee, it shall pay the employee 300% of his daily wage 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.第十条 用人单位经职工同意不安排年休假或者安排职工休假天数少于应休年休假天数的，应当在本 年度内对职工应休未休年休假天数，按照其日工资收入的 300%支付未休年休假工资报酬，其中包含用人 单位支付职工正常工作期间的工资收入。An employer shall give annual leave to its employees, but if any employee gives a writing notice of not taking annual leave

9、on his own will, the employer is allowed to pay for theemployeesnormal working days.用人单位安排职工休年休假，但是职工因本人原因且书面提出不休年休假的，用人单位可以只支付其 正常工作期间的工资收入。Article 11 The formula for calculating the 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.) 第十一条 计算未休年休假工资报酬的日工 资收入按照职工本人的月工资除以月计薪天数(21.75 天)进行折算。The monthly wage income mentioned in 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前款所称月工资是指职工在用人单位支付其未休年休假工资报酬前 12 个月剔除加班工资后的月平均 工资。在本用人单位工作时间不满 12 个月的，按实际月份计算月平均工资。If the working days of employees are less than 12 months for their employer, the monthly wage income mentioned in the preceding paragraph refers to the average monthly wage

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