Measures for the Implementation of Paid Annual Vacation for Staff of Institutions and Agencies
Chinese People*** and State Ministry of Personnel Decree
No. 9
The Measures for the Implementation of Paid Annual Vacation for Staff of Institutions and Agencies has been considered and approved by the Ministry of Personnel's Council of Ministerial Affairs, and is now released and shall come into effect on the date of its publication.
Minister of Personnel Yin Weimin
February 15, 2008
Measures for the Implementation of Paid Annual Vacation for Staff of Organs and Public Institutions
Article 1: These Measures are formulated for the purpose of regulating the implementation of the system of paid annual vacation (hereinafter referred to as "annual vacation") in organs and public institutions, and are in conformity with the Regulations on Employee's Annual Vacation with Pay (hereinafter referred to as the Regulations) and the relevant State regulations. the relevant provisions of the State, the formulation of these measures.
Article 2 The time referred to as "continuous work" in Article 2 of the Regulations and the time referred to as "accumulated work" in Articles 3 and 4 shall be calculated by the number of years of service of the staff members of organs and institutions (hereinafter referred to as the staff members).
After completing one year, ten years or twenty years of service, staff members shall be entitled to the corresponding number of days of annual vacation starting from the following month.
Article 3 The leave for family visit, marriage and funeral leave, and maternity leave provided by the State shall not be counted as leave for annual leave.
Article 4 If a staff member has already enjoyed the annual leave for the current year, and one of the circumstances stipulated in Article 4(2), (3), (4) and (5) of the Regulations occurs during the year, he/she shall not be entitled to the annual leave for the following year.
Article 5 If a staff member who is entitled to summer and winter vacations in accordance with the law does not take summer and winter vacations due to work needs, his unit shall arrange for him to take annual leave; if the number of days of summer and winter vacations due to work needs is less than the number of days of annual leave, his unit shall arrange for him to make up for the number of days of annual leave.
Article 6 If a staff member cannot take his annual leave in the current year because he is engaged in field geological survey, field surveying and mapping, ocean-going scientific expedition, polar scientific expedition and other special work tasks, his unit may arrange for his annual leave across one year.
Article 7 Organs and institutions that do not arrange for annual leave for staff members due to work needs shall consult the staff members themselves.
Agencies and institutions shall pay annual leave pay to staff members according to the number of days of annual leave they are required to take but have not yet taken. The standard for the payment of annual leave pay is: for each day of untaken annual leave, 300% of the daily wage income of the year in which the staff member is entitled to take annual leave shall be paid, including the staff member's wage income during the normal working period.
The remaining part of the annual leave pay, in addition to the wage income during the normal working period, shall be paid by the unit in the first quarter of the following year, and the required funds shall be resolved in accordance with the current funding channels. Units that have implemented unified payroll shall be included in the unified payroll.
Article VIII of the staff shall take annual leave in the year of the daily wage income is calculated as follows: the person's annual wage income divided by the number of days of annual payroll (261 days).
The annual salary income of the staff of the organization shall be the sum of the basic salary, state-regulated allowances and subsidies, and year-end lump-sum bonuses payable to the staff of the organization; the annual salary income of the staff of the institution shall be the sum of the basic salary, state-regulated allowances and subsidies, and performance-based pay pay payable to the staff of the organization. Among them, the allowances and subsidies stipulated by the State do not include the monetary subsidies paid directly to staff members in accordance with the reform of the housing, car and other systems.
Article 9 If an organ or institution has arranged for annual leave, and the staff member has not taken it, he or she shall only be entitled to the wages and income earned during the normal working period under one of the following circumstances:
(1) If he or she does not take annual leave for personal reasons;
(2) If the total number of days of leave for business purposes exceeds the number of days that he or she is entitled to annual leave, but is less than 20 days.
Article 10 Organs and institutions shall, in accordance with the specific circumstances of their work and taking into account the wishes of the staff members themselves, make overall arrangements to ensure that the staff members enjoy annual leave. Organs and institutions shall strengthen the management of annual leave and strictly enforce the attendance system.
The personnel administrative departments of the local people's governments at or above the county level shall, on their own initiative and on the basis of their powers, supervise and inspect the implementation of annual leave by the organs and institutions.
Article 11 Where an organ or an institution does not arrange for its staff to take annual leave and does not pay the annual leave pay according to the provisions of these Measures, the personnel administrative department of the local people's government at or above the county level shall order rectification within a certain period of time. In the case of overdue correction, in addition to ordering the unit to pay the annual vacation pay, the unit shall also pay compensation to the staff member in accordance with the amount of the annual vacation pay.
The refusal to pay annual leave pay, compensation, belonging to the authorities and institutions with reference to the civil service law, shall, in accordance with the authority of cadre management, the directly responsible supervisors and other directly responsible personnel shall be given sanctions in accordance with the law and ordered to pay; belonging to other institutions, shall, in accordance with the authority of cadre management, the directly responsible supervisors and other directly responsible personnel shall be given sanctions in accordance with the law and ordered to pay; belonging to the cadre management, shall, in accordance with the authority of the cadre management, directly responsible supervisors and other directly responsible personnel shall, in accordance with the authority of cadre management, impose penalties according to law, and the personnel administrative department at the same level or the staff member himself shall apply to the people's court for compulsory execution.
Article 12: Disputes between a staff member and his or her employer concerning annual leave shall be handled in accordance with the provisions of the State concerning the handling of complaints and personnel disputes of civil servants.
Article 13 The annual leave of staff members of embassies and consulates stationed abroad, staff members stationed internally in Hong Kong and Macao, and non-diplomatic staff members of organs and institutions stationed abroad shall be carried out in accordance with the provisions of the Regulations and these Measures.
The annual leave of the staff of other units authorized to implement the wage and income distribution system of organs and institutions in accordance with State regulations shall be implemented in accordance with the provisions of the Regulations and these Measures.
Article 14 These Measures shall come into force on the date of promulgation.
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