Why is it so difficult to take statutory paid annual leave?
2023-07-11
Why is it so difficult to take statutory paid annual leave? Ms. Xiao from Changzhou, Jiangsu, recently reported to reporters that she had worked for a company for 4 years and had never enjoyed paid annual leave. In June of this year, she applied for resignation due to personal reasons and was informed that she could enjoy this year's annual leave before leaving (the company voluntarily proposed to avoid labor disputes). However, since this year has just passed six months, the annual leave can only be "discounted" for two days. Why is it so difficult to take statutory annual leave? "Ms. Xiao sighed. Around the Dragon Boat Festival this year, when the topic of "compensatory leave" became more popular, many people also called for the implementation of annual leave. Many netizens suggest that instead of artificially creating a "golden week" of centralized leave through compensatory leave, it is better to actively implement paid leave, allowing employees and enterprises to independently arrange paid leave and staggered travel according to family and work needs. The reporter conducted an investigation and interview on how to implement annual leave. Ms. Xu, a 54 year old citizen of Yuncheng, Shanxi Province, has only taken a few annual vacations after years of work. She works at a local hospital, and according to regulations, she has 15 days of annual leave, but she dares not take it and has no time to take it. Due to hospital regulations, absenteeism for three consecutive days of leave is considered as a result of not only losing the full attendance bonus for the month, but also deducting salary performance. And the full attendance bonus accounts for nearly a quarter of her salary composition. Even if she is willing to give up a certain amount of salary income, when taking leave from the hospital, more than 5 days of leave will almost not be approved. "Just a few years ago, the hospital's personnel system was not perfect, and paid annual leave was non-existent. In recent years, there have been, but all kinds of 'cards' can also take three or four days a year, which is no different from ordinary leave. So in recent years, I basically don't care about leave." Ms. Xu said in a recent interview with the Legal Daily that many of her family members and colleagues, The same goes for paid leave. According to relevant laws and regulations, employees of government agencies, organizations, enterprises, public institutions, private non enterprise units, and individual industrial and commercial households with employees who have worked continuously for more than one year shall enjoy paid annual leave. In addition to annual leave, paid leave arrangements such as statutory holidays, marriage leave, maternity leave, and parental leave stipulated in local population and family planning regulations are also determined by law. However, recent investigations and interviews by reporters have found that situations like Ms. Xu's inability to take paid leave are common. Among the respondents, some have worked for 10 years without enjoying an annual leave; Some people can only take their annual leave separately due to company attendance regulations; The female employee's request for parental leave after maternity leave was rejected by the company. Many companies also ignore the rule that "employees should be paid 300% of their daily salary for the number of days of annual leave that they should take but have not taken." They do not provide annual leave and have never provided corresponding compensation to employees. In fact, the paid annual leave system has been established in the labor law issued in 1994. The "Regulations on Paid Annual Leave for Employees" released in 2008 further refined the relevant regulations. According to regulations, employees work continuously for one year to
Edit:XiaoWanNing Responsible editor:YingLing
Source:Legal Daily
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