Everything that is normal has the following documents: 1 1.5. The Legislative Affairs Office of the State Council issued the "Provisions on Paid Annual Leave for Employees (Draft)" (hereinafter referred to as the "Draft for Comment") to solicit opinions from all walks of life. These days, the hottest topic among Shanghai wage earners is undoubtedly "paid vacation". You can hear and see this discussion in the office, on the bus, in the forums of various websites, and in msn online chat. For the introduction of the new regulations, some readers have mixed feelings-is there really no shortage of wages and bonuses for paid vacations? Is there a difference between the original public holiday and the new paid holiday? Is paid vacation out of reach for migrant workers? There are three differences with the current measures in Shanghai. Paid annual leave is not a brand-new concept. 1995 1 Article 45 of the Labor Law, which came into effect, stipulates that "the state practices the paid annual leave system. Employees who have worked continuously 1 year or more are entitled to paid annual leave. The specific measures are stipulated by the State Council. " However, since the promulgation of the Labor Law, the State Council has not formulated specific measures. Nowadays, the Regulations on Paid Annual Leave will be issued soon, which marks a big step in the reform of China's vacation system. Yin Yuemei, deputy director of the Personnel Bureau of Yangpu District, said that in fact, some units in Shanghai have implemented the paid vacation system for many years. Document No.23 of Shanghai Municipal Committee Office (1986) currently in use in Shanghai stipulates that the scope of application is government agencies and institutions. But there are no special regulations for enterprises. Yin Yuemei said that compared with the current measures in Shanghai, the "Draft for Comment" released this time is still very different, mainly in three aspects. ■ The scope of people enjoying annual leave has been expanded, basically reaching the full coverage of workers. The scope of the exposure draft is: including employees of organs, organizations, enterprises, institutions, private non-enterprise units and individual industrial and commercial households with employees. ■ Provisions on the working years of applicable personnel are also different. At present, the method of enjoying holidays is aimed at those who have worked for five years. The exposure draft stipulates that working in the same unit 1 year or more. In addition, the current method can accumulate the length of service, and the new regulation is: you must work in the same unit for more than 1 year. ■ There are also differences in the number of annual leave days. The current method is divided into three grades: working for 5 years-15 years: 10 days; Work 15-25 years: 15 days; Working for more than 25 years: 20 days. The exposure draft is also divided into three grades: 1 year-10/year: 5 days; 10-20 years: 10 days; More than 20 years 15 days. In this way, some people enjoy fewer days of annual leave. But in the past, weekends were not made up in annual leave. It is now clear that statutory holidays and rest days are not included in annual leave. Take annual leave 15 days as an example, plus two weekends in the middle, you can take a continuous rest 19 days. In addition, the draft for comments has a very important point, that is, it stipulates the compensation for annual leave and gives workers a guarantee. This is also what Shanghai's current measures do not have. The paid vacation system needs to be enforced. Yin Yuemei believes that paid annual leave focuses on "salary". The "Exposure Draft" puts forward: "Enjoy the same salary and welfare benefits as during normal work during annual leave." There is no problem for employees with fixed monthly salary and bonus. However, how to ensure that employees' wages and benefits remain unchanged during their vacations for units that implement piecework wages or pay performance-related bonuses? In the future, relevant departments should also introduce detailed rules to improve it. Recently, the People's Daily published the Regulations on Paid Annual Leave for Employees in the State Council. What do you think? Nearly half of netizens think that the paid vacation system needs to be enforced. As of yesterday 13, a total of 436 19 people participated in the survey, of which 48.3% thought paid vacation was mandatory; There are 3 1.4% netizens who feel that "work is too busy, there are too many things to take a vacation"; In addition, some netizens suggested that "it should be specifically implemented, not just on official documents", accounting for15% of the total votes; 5.2% of netizens think that "leaders don't talk, dare not mention it", and this option won 2272 votes. Judging from the voting results, employees' paid annual leave is now more on paper, and many employees are either "too busy to rest" or afraid to apply for their due rights because of various scruples. It can be seen that it is necessary to issue the Regulations on Paid Annual Leave for Employees, and it is even more necessary to supervise its implementation. How to protect migrant workers' right to paid vacation? The reporter learned that the current vacation system is well implemented in public institutions and some foreign-funded enterprises. Some small and medium-sized enterprises are often unable to guarantee. Most people who pay attention to paid annual leave are white-collar workers. Many migrant workers engaged in hard work, although some have worked for many years, are still far from paid annual leave. They are also workers. How can we guarantee their right to take a vacation? Lu Yin, the chief lawyer of Shanghai Bailan Law Firm, said that migrant workers can enjoy paid annual leave by taking family leave. The "Draft for Comment" stipulates that "if employees enjoy winter and summer vacations or family leave according to law, the annual leave will offset the winter and summer vacations and family leave holidays." Every Spring Festival, migrant workers will go home for the New Year, offset their family leave with annual leave, and enjoy the same wages and benefits as normal working hours. In this way, the vast number of migrant workers can also benefit from the new regulations on paid vacation. The focus of discussion among wage earners-What if paid vacation is not implemented? Lu Yin said that the "Draft for Comment" provided a compensation plan. "In addition to paying the normal wages and benefits of employees, compensation should also be given according to the daily wage standard of employees." In other words, employees who can't take annual leave can get double wages. This is equivalent to giving workers an extra benefit. This provision is mandatory. Employees who fail to take annual leave can apply for labor arbitration or personnel arbitration and ask the unit to pay compensation. Lu Yin thinks that the new regulations in the State Council are well-intentioned, but the standards of holidays are too uniform, and now some enterprises have exceeded the above standards. Therefore, the new regulations should increase flexibility. The point is that teachers don't enjoy paid vacation in class. Winter and summer vacations are paid vacations. According to the newly published draft for soliciting opinions on paid leave, faculty members of various schools at all levels affiliated to public institutions can enjoy paid annual leave if they work in the same unit for more than 1 year. Statutory holidays and rest days are not included in annual leave. The "Draft for Comment" also specifically stipulates: "If employees enjoy winter and summer vacations or family leave according to law, the annual leave will offset the winter and summer vacations and family leave holidays." This means that the starting and ending dates of paid leave for in-service teachers are limited to winter vacation and summer vacation, no matter how long they work. Teachers' salaries belong to the whole year. Teachers are not allowed to take paid leave during normal classes. Because the teaching activities of full-time schools are strictly semester-based, teachers are required to ensure the continuity of their work within a semester, which is also the professional characteristic of the education industry. Yesterday, some teachers reported the issue of paid vacation to this newspaper. They have no class fees for two months in the summer vacation, and their actual income is greatly lost. That's a "paid vacation" at a discount. The reporter consulted several personnel cadres and principals of the district education bureau for this purpose. They said that at present, teachers' salaries and bonuses are financial allocations, and per capita income is distributed annually. For example, in some schools, teachers' income for seven or eight months is based on the average salary in the first half of the year. In some schools, except for the winter and summer vacations, other allowances except the national salary are distributed to nine months on average, so the overall income will not be reduced compared with the whole year. According to the reporter's understanding from the Municipal Science and Education Union, during the winter and summer vacations, many teachers spend a lot of time preparing lessons and visiting their families. How to count such labor into their due income has attracted the attention of relevant departments. Many teachers of migrant workers' children's schools told reporters that they only get paid during their school days, and their income will be zero if schools are closed in winter and summer vacations. At present, many districts and counties in this city are gradually bringing schools for children of migrant workers into the track of government management. How to protect the rights of these teachers according to law and ensure that they can also enjoy paid vacations should become a new topic for relevant functional departments.