The personnel department of the State Council and the labor and social security department of the State Council shall, according to their respective functions and powers, formulate the implementation measures of the Regulations respectively.
Family leave does not cover annual leave.
At present, other vacations that employees in China can enjoy mainly include: winter and summer vacations, family leave, sick leave, personal leave and so on. The regulations clearly stipulate the relationship between annual leave and these holidays.
Some departments, localities and netizens pointed out that family leave and annual leave are two vacation systems with different functions and should not offset each other.
"After studying with relevant departments, we think this opinion is reasonable. Accordingly, the regulations deleted the provisions in the draft for comment on the reduction of annual leave for family leave. " The head of the State Council Legislative Affairs Office said.
The unit arranges annual leave as a whole.
The person in charge also introduced that some localities, departments and netizens hope to increase the number of annual leave days from 15 days to 20 days or at most 25 days, but "after repeated research with relevant departments, we believe that the number of annual leave days should be compatible with China's current economic and social development level and the affordability of enterprises and other units", so this opinion was not adopted.
The "Regulations" stipulate that units should make overall arrangements for employees' annual leave according to the specific conditions of production and work, taking into account their own wishes. Disputes arising from annual leave between employees and units shall be handled in accordance with the provisions of relevant state laws and administrative regulations.
If the unit violates the state regulations, it neither arranges annual leave for employees nor gives annual leave wages, and the regulations also clarify the relevant treatment methods. The supervision mechanism of annual leave is stipulated in three aspects.
The implementation of paid annual leave for employees is an important guarantee for the smooth implementation of the new national statutory holiday arrangements. After the promulgation of the "Regulations", relevant departments will study and promulgate more specific implementation rules, intensify their work, and take effective measures to effectively protect employees' basic vacation rights.
It will not be adjusted again in three to five years.
"The regulations on paid annual leave for employees must be introduced, which is the premise." Li, member of Chinese People's Political Consultative Conference and director of the Festival Committee of the All-China People's Association, said that paid vacation is the first step, so that employees will still have concentrated vacation time after the May Day Golden Week is assigned to other traditional festivals, because the total number of holidays in the whole year is limited. After all, China is currently in the stage of rapid economic development.
Li told the Morning Post reporter yesterday: "I am very happy that my wish for many years has finally been solved." "Through the introduction of the holiday method, we can see that the government attaches great importance to public opinion."
The holiday adjustment measures are consistent with the National Legal Holiday Adjustment Plan (Draft) promulgated by the National Development and Reform Commission. It seems that the "Measures" did not take into account the voice on the Internet. Li explained that as early as six months ago, the statutory holiday adjustment plan was already collecting opinions from all sectors of society, not just now. The adjustment plan formed after soliciting opinions from all parties represents the opinions of the majority. Online opinions do not represent most public opinions. After all, people who agree to the adjustment plan are more likely to express their opinions online than online.
"In the beginning, there will always be people who are not used to it. However, I believe that only a few people object. " Xia Xueluan, a professor of sociology in Peking University, said that the current adjustment plan cancels the May 1 Golden Week and adds four traditional festivals, which is the aspiration of the people.
Li said that it is difficult to predict how long this holiday adjustment will last and when the next adjustment will be made. "But what is certain is that any holiday adjustment will not be adjusted in the short term of 3 to 5 years."
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There are three major problems in the present situation of annual leave.
According to Xinhua News Agency (Beijing 65438+February 16), the person in charge of the State Council Legal Affairs Office said that it is a common practice in labor systems all over the world to implement the paid annual leave system for employees. However, there are three major problems in China's practice in recent years, mainly as follows: at present, only institutions, some organizations and enterprises have implemented the annual leave system, and a considerable number of enterprises, organizations and individual industrial and commercial households with employees have not implemented the annual leave system; In the units that have implemented the annual leave system, many employees have actually not enjoyed the annual leave treatment for many years due to busy work and other reasons; Employees who do not enjoy annual leave due to the work needs of the unit have not received corresponding economic compensation. The person in charge stressed that the right to rest is a civil right stipulated in our Constitution, and workers should enjoy it equally. These regulations are widely applicable to all types of employers.
statement
The National Development and Reform Commission responded to the cancellation of the "May 1" Golden Week and other three major questions.
"holiday adjustment can't satisfy everyone"
According to Xinhua News Agency, Beijing, 65438+February 16 (Reporter Zhang Yi, Zhou Yingfeng), the head of the National Development and Reform Commission said that different members of society have their own interests, and holiday adjustment cannot satisfy everyone. On this issue, we should respect the opinions of most members of society.
More than 60% netizens support the May Day adjustment.
The person in charge said that from the results of this consultation, while most people support the national statutory holiday adjustment plan, some people have put forward different opinions on the adjustment plan, mainly focusing on the following aspects: First, it is suggested to increase the number of traditional holidays as statutory holidays while keeping the number of May Day holidays unchanged; Second, appropriately increase the number of Spring Festival holidays; Thirdly, there are a few suggestions to increase the Lantern Festival and the Double Ninth Festival as legal holidays. Taken together, these problems mainly reflect the desire of the broad masses of people to get more holidays, and we fully understand them. In real life, it is impossible for everyone to agree to all policies involving the vital interests of the whole public, because different members of society have their own interests.
The person in charge pointed out that we believe that in the adjustment of national statutory holidays, we must first respect the opinions of most members of society. Judging from the feedback from various localities and departments and the online questionnaire survey, on the whole, more than three-quarters of the opinions are in favor of and support the national statutory holiday adjustment plan, and even on the controversial issue of adjusting the May Day holiday, more than 60% of netizens expressed their support. Since the holiday adjustment can't satisfy everyone, we should respect the opinions of most people in society.
Universal implementation of annual leave may take a process.
Secondly, we should analyze the opinions and suggestions put forward by some people in detail. On the reduction of May Day holiday. Judging from the feedback, some public opinions reacted strongly to the cancellation of the May 1 Golden Week, mainly because they were worried that the provisions on paid annual leave for employees could not be effectively implemented. Reducing the existing long holidays would affect long-distance travel, visiting relatives and other activities, and at the same time lead to more crowded "Eleventh" and Spring Festival holidays. We believe that it may take a process to implement the Regulations on Paid Annual Leave for Employees in the whole society after it is officially promulgated. We believe that with the rapid development of China's economy and the progress of social civilization, with the joint efforts of the whole society, more and more institutions, enterprises and institutions will implement the paid vacation system for employees.
It is not stipulated by the government that the company has a holiday on New Year's Eve.
On the issue of increasing the number of legal holidays during the Spring Festival. Mainly because some people want to have more holidays in traditional ethnic festivals, and because some units have not forced to go to work on New Year's Eve in practice, some employees feel that the Spring Festival holiday has been reduced by one day. We believe that it is appropriate to have a three-day statutory holiday for the Spring Festival at present. The previous day reflected the wishes of most people. Some units arrange their holidays on New Year's Eve, which cannot represent government regulations.
The person in charge said that there may be many festivals in a country, but not all of them can become festivals. When a festival has great historical background and profound cultural connotation for a country or a nation, and there are important celebrations arranged by the government and the people, it may become a national legal festival. National statutory holidays are holidays before holidays, which are determined by national laws and regulations.
Seven questions about annual leave
Who can enjoy the annual leave?
Employees of government agencies, organizations, enterprises, institutions, private non-enterprise units, individual industrial and commercial households with employees and other units who have worked continuously for more than 1 year are entitled to paid annual leave. The unit shall ensure that employees enjoy annual leave.
How many days is the annual leave?
Employees who have worked for more than 1 year but less than 10 years are entitled to annual leave of 5 days, those who have worked for more than 10 years, and those who have worked for more than 20 years are entitled to annual leave of 15 days. National statutory holidays and rest days are not included in the annual leave.
How to calculate the salary standard during vacation?
Employees enjoy the same salary income during vacation as during normal work.
Can annual leave be arranged across years?
Annual leave can be arranged centrally or in sections within 1 year, generally not across years. If it is really necessary for the unit to arrange annual leave for employees across the year due to the characteristics of production work, it can be arranged across the year.
Under what circumstances can I not enjoy the annual leave of that year?
(a) employees enjoy the winter and summer vacations according to law, and the number of vacation days is more than the number of annual vacation days;
(two) employees leave for more than 20 days and the unit fails to deduct wages according to regulations;
(3) Employees who have worked at least 1 year but less than 10 year have taken sick leave for more than 2 months;
(4) Employees who have worked for 10 years but less than 20 years have been sick for more than 3 months;
(five) employees who have worked for more than 20 years have taken sick leave for more than 4 months.
What if the company can't arrange annual leave?
If the unit really cannot arrange annual leave for its employees due to work needs, it may not arrange annual leave for employees with the consent of the employees themselves.
The number of days of annual leave that employees should take, the unit shall pay the annual leave salary according to 300% of the daily salary of employees. How do relevant departments supervise the implementation of the regulations?
The "Regulations" stipulate the supervision mechanism of annual leave from three aspects: First, the personnel departments and labor and social security departments of local people's governments at or above the county level take the initiative to supervise and inspect the implementation of these regulations in their own units according to their functions and powers.
Second, trade union organizations safeguard employees' annual leave rights according to law.
Third, if the unit fails to arrange annual leave for employees in accordance with the provisions of these regulations and fails to pay annual leave wages, the personnel department or labor and social security department of the local people's government at or above the county level shall order it to make corrections within a time limit according to its functions and powers; If no correction is made within the time limit, in addition to ordering the unit to pay annual leave salary, the unit shall also pay compensation to the employees according to the amount of annual leave salary; For those who refuse to pay annual leave salary and remuneration, and belong to the unit where civil servants and personnel managed by reference to the Civil Service Law work, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If it belongs to other units, the labor and social security department, personnel department or employees shall apply to the people's court for compulsory execution.
reaction
The annual leave regulations gave birth to the company leave regulations.
The "sage" spell.
Morning Post reporter Li Wei
Qin Yu, director of human resources of Shenzhen Shi Lei Co., Ltd. Shanghai Branch, told the Morning Post reporter that many old employees of their company were brought to Shanghai by the founder of the company to start businesses, so the vacation policy for these employees has been very loose, and many old employees often take two or three weeks off. This has a bad influence on new employees. People often ask for personal leave or sick leave for various reasons, and sometimes even three people in a position encounter sick leave and personal leave together, which often leads to the absence of employees for a year, thus affecting the normal business processing of the company.
As the head of human resources, she has also studied the previous relevant laws, such as the Notice of Leave for Employees of 199 1 and the Civil Service Law of 2005, hoping to formulate a leave standard that conforms to the enterprise itself to deal with the "mixed holiday family" of the enterprise. However, due to the lack of detailed legal norms at the national level, although the company leaders have also discussed it, they have never passed new regulations, and they are also worried about whether such regulations formulated by enterprises themselves will have legal effect in future labor disputes.
"Now the introduction of the new paid vacation system has undoubtedly solved the company's long-standing problems." Qin Yu said. Because it is clearly stipulated in the regulations that new employees leave for more than 20 days, and the unit fails to deduct wages according to the regulations, they will not enjoy the annual leave of that year; Employees who have worked for 1 year but are less than 10 years have taken sick leave for more than 2 months, employees who have worked for 10 but are less than 20 years have taken sick leave for more than 3 months, and employees who have worked for more than 20 years have taken sick leave for more than 4 months, so they are not entitled to the annual leave of that year.
Qin Yu said that in the future, once an employee applies for personal leave again, she will definitely persuade him to make good use of annual leave, formulate her company's leave rules on the basis of the Regulations on Paid Annual Leave for Employees, and control the unprincipled leave of the "mixed holiday family" to the maximum extent on the basis of ensuring the normal annual leave of employees.
300% salary, no vacation. The cost is too high to scare foreign companies.
"Employees can only be forced to take leave"
Morning Post reporter Li Wei
Louisa, who works as a human resources supervisor in Shanghai Adelaide Consulting Co., Ltd., is worried that because their enterprise is a foreign-funded enterprise with a special nature of work, they calculate their salary according to the workload, which leads to many employees' reluctance to take time off. Previously, according to the regulations of foreign headquarters, each employee of the company had 15 days paid vacation a year. However, many employees are reluctant to take annual leave voluntarily, because the salary of paid leave is half lower than the actual income of employees. During the four years she worked, only two employees took the Spring Festival holiday because of the death of their families.
However, according to the new regulations, "if the unit really cannot arrange annual leave for employees due to work needs, it shall not arrange annual leave for employees with the consent of the employees themselves." The number of days of annual leave that employees should take, the unit shall pay the annual leave salary according to 300% of the daily salary of employees. "For this regulation, Louisa thinks that she can only make internal mandatory leave regulations. Although she hasn't fully understood the new regulations, Louisa's foreign director has called her to express her concern. He doesn't want to see the company pay employees' work remuneration in addition to triple the annual leave salary, which will generate amazing labor costs.
Tourism will be combined with folk culture.
Morning Post reporter Tao Ningning
The relevant person in charge of the Shanghai Tourism Commission said that adding three traditional festivals, namely Tomb-Sweeping Day, Dragon Boat Festival and Mid-Autumn Festival, to the holiday on the first anniversary of New Year's Day will strengthen the national cultural elements in tourism products. How to combine tourism with culture and promote China traditional culture in tourism will become one of the keys to the development of tourism products. At the same time, short trips and outings will also increase.
In addition, the promulgation of paid vacation regulations will cause people to change their tourism concept, from the original sightseeing tour to leisure, vacation and self-help tour, which will become more hierarchical and larger. Therefore, people's demand for long-distance travel is expected to remain very strong.
The person in charge said that the original form of concentrated travel during the Golden Week often put a lot of pressure on tourism resources and facilities. The implementation of paid vacation system is undoubtedly an effective relief to these pressures. At the same time, it is also a new test for the development ability and organization ability of tourism products.
The statutory holidays are increased to 1 1 day.
(1) In the new year, there will be 1 day holiday (1 October1day).
(two) the Spring Festival, a three-day holiday (Lunar New Year's Eve, the first day of the first month, the second day).
(3) Holiday in Tomb-Sweeping Day 1 day (Tomb-Sweeping Day).
(4) Labor Day, holiday 1 day (May 1 day)
(5) Dragon Boat Festival, holiday 1 day (the day of Dragon Boat Festival in the lunar calendar).
(6) Mid-Autumn Festival, holiday 1 day (the day of Mid-Autumn Festival in the lunar calendar)
(7) National Day, with a three-day holiday (65438+1 October1,2, 3).