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Order of the Ministry of Human Resources and Social Security | | 人力资源和社会保障部令 |
(No.1) | | (第1号) |
The Implementation Measures for the Paid Annual Leave for Employees of Enterprises, which were adopted at the sixth executive meeting of the Ministry of Human Resources and Social Security on July 17, 2008, are hereby promulgated, and shall come into force as of the date of promulgation. | | 《企业职工带薪年休假实施办法》已于2008年7月17日经人力资源和社会保障部第6次部务会议通过,现予公布,自公布之日起施行。 |
Minister Yin Weimin | | 部长 尹蔚民 |
September 18, 2008 | | 2008年9月18日 |
Implementation Measures for Paid Annual Leave for Employees of Enterprises | | 企业职工带薪年休假实施办法 |
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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。 |
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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 People's 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。 |
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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)。 |
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Article 4 The days of annual leave which may be taken by an employee shall be determined according to the employee's accumulative working time which shall cover the employee's working time in the same or different 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。 |
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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 day, 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 × 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÷365天)×职工本人全年应当享受的年休假天数。 |
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Article 6 Home leave, marriage or funeral leave and maternity leave as given by the state as 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。 |
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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 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。 ...... |
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