According to the Tianfu Morning Post, Zhou Dongping, a lawyer of Chengdu Taihe Tai Law Firm, said:
“According to the relevant provisions, the number of days of annual leave that
should not be taken can be compensated by three times the daily wage.”
About half of workers enjoy paid annual leave
As for holidays, there is a widely circulated saying: “Europeans work for better holidays, while Chinese people
spend their holidays for better work.”
As early as 1936, France established relevant laws and became the first
country in the world to establish a paid annual leave system.
Until 1995, the Chinese also had the same rights. The Labor Law, which was
formally implemented that year, stipulated that workers who worked
continuously for more than one year were entitled to paid annual leave.
By 2008, the Regulations on Annual Vacation with Pay for Employees were promulgated and implemented, which
stipulated the specific number of vacation days: if the cumulative work of employees has been completed for less than one year and less than 10 years, the
annual vacation time will be 5 days; if the work has been completed for less than 10
years and 20 years, the annual vacation
time will be 10 days; if the work has been completed for 20 years, the annual vacation time will be 15 days
Up to now, it has been more than ten years since the promulgation of the
Regulations on Annual Leave with Pay for Employees, but the implementation is not satisfactory. According to Nanfang.com:
Since 2012, Zhao Lihang has worked in a clothing factory in Baoding, Hebei
Province. During her six years of work, she has never heard of the term “paid annual vacation” or enjoyed this
treatment. “In our industry, overtime pay is enough. If there is no paid annual vacation, there will be no such thing.”
Xiao Huang, who works in Beijing Branch of a daily chemical company in Zhejiang Province, knows that the head
office stipulates paid annual leave, but the leave must be approved by the head of the branch company. The head of the
branch company usually does not approve the leave, so he has not asked for paid annual leave. According to his wife’s response: “The day after I gave birth, the
company urged him to go to work and asked for leave without approval, and then withheld 400 yuan.”
Survey data from several authoritative bodies confirm the above cases:
The annual survey conducted by the Ministry of Human Resources and Social Affairs in 60 cities shows that more than
half of the employees enjoy paid annual leave, and the proportion of those who take leave increases year by year. But in general, the implementation of paid
annual leave system is not ideal, there are still a considerable number of enterprises have not implemented paid annual leave.
A survey of 2552 workers conducted by the Tourism Research Center of the Chinese Academy of Social Sciences
showed that 40.1% of respondents said they did not have paid annual leave.
The Social Survey Center of China Youth Daily once conducted a social survey of
4,325 people. 50.4% of the respondents said that their units never took paid vacations.
The data also show that the implementation of paid annual leave is better mainly for Party and government
organs, institutions, large state-owned enterprises
and foreign-funded enterprises,
while private enterprises
and small and medium-sized
enterprises are relatively poor.