State Council, Regulations on Paid Annual Leave of Staff and Workers

国务院职工带薪年休假条例

January 31, 2008 | BY

clpstaff &clp articles &

Paid annual leave detailed in regulations.

Promulgated:
Effective:

Main Contents: Staff and workers who have worked consecutively for one year or more at government authorities, groups, enterprises, public institutions, private non-enterprise work units and family proprietors that employ workers shall be entitled to paid annual leave. Work units shall guarantee that their staff and workers are entitled to paid annual leave. During the leave period, staff and workers shall receive the same wage income as that for normal working period (Article 2).

Article 3 lists the number of leave days to which staff and workers are entitled for the respective work periods:

Cumulative work period

Annual leave entitled

≧1 year and <10 years

5 days

≧10 years and <20 years

10 days

≧20 years

15 days

Staff and workers in any of the following circumstances shall not be entitled to the annual leave for the year:

(1) staff and workers are entitled to summer and winter holidays according to law, and the number of holidays is more than the number of annual leave days;

(2) staff and workers have taken personal leave for a cumulative period of 20 days or more, and the work unit does not deduct their wages according to provisions;

(3) staff and workers who have worked for a cumulative period of at least one year but less than 10 years have taken sick leave for a cumulative period of two months or more;

(4) staff and workers who have worked for a cumulative period of at least 10 years but less than 20 years have taken sick leave for a cumulative period of three months or more; or

(5) staff and workers who have worked for a cumulative period of at least 20 years have taken sick leave for a cumulative period of four months or more (Article 4).

Where a work unit finds it truly necessary to carry forward the annual leave of staff and workers due to production and job characteristics, leave may be carried forward to the following year (Article 5).

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