Workers Are Entitled to Paid Leave

In China, workers have the right to enjoy paid annual leave. Their rights are clearly spelled out in the Regulations of Paid Annual Leave of Employees and the Implementation Measures for the Paid Annual Leave for Employees of Enterprises. The following is excerpts from the regulations.

Article 2 of the Regulations of Paid Annual Leave of Employees: The employees of units such as authorities, organizations, enterprises, institutions, private non-enterprise units and individually-owned commercial and industrial businesses with employees that have been worked continuously for more than one year are entitled to paid annual leave (hereinafter referred to as "annual leave"). Units shall guarantee that employees are entitled to annual leave. Employees taking annual leave are entitled to the wages of a normal working day.

Article 5: Units shall coordinate and arrange for the annual leave of employees on the basis of the specific conditions of production and work and the individual preference of employees.

Annual leave may be centrally arranged within one year or in several periods and does not span more than one year in general. Units may make such arrangement that spans more than one year if they have a genuine need for such arrangement due to production and job specialties.

Units that cannot arrange for annual leave for employees due to job requirements, they may not arrange for annual leave with the consent of such employees. In respect of the annual leave that should have been taken but otherwise, units shall pay wage remuneration to such employees at the rate of 300% of the daily wage income of such employees.

Article 9 of the Implementation Measures for the Paid Annual Leave for Employees of Enterprises:  An employer may, in light of the actual production 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.

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 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.

An employer 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 employee’s normal working days.


  Source: ACFTU  2015-07-07

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