爱华网Implementation Measures for Paid Annual Leave forEmployees of Enterprises
企业职工带薪年休假实施办法
Article 1 These Measures are formulated for the purpose ofimplementing 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。
Article 2 These Measures apply to the enterprises privatenon-enterprise entities and individual industrial and commercialhouseholds hiring labor (hereinafter referred to as "employer") inthe People's Republic of China and the employees having an employment relationshiptherewith.
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。
Article 3 Employees who have worked continuously for oneyear 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）。
Article 4 The days of annual leave which may be taken by anemployee shall be determined according to the employeesaccumulative working time which shall cover the employees workingtime in the same or different employers and the hours deemed asworking time by any law administrative regulation or State Councilprovisions.
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。
Article 5 The days of annual leave which may be taken by anew employee who satisfies the requirement of Article 3 in thecurrent year shall be calculated according to the number of daysfrom the time when he is employed by this employer to the end ofthe calendar year and if the result is less than one day he shallnot 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 thetime when he is employed by this employer to the end of thecalendar year/365 × the days of annual leave he is entitled to ifhe works for this employer for 12 months in the currentyear.
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。
Article 6 Home leave marriage or funeral leave andmaternity leave as given by the state as well as the period ofsuspension of work with reservation of salary due to work injuryshall 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。
Article 7 An employee who has taken winter and summervacations more than the due annual leave in a year is not entitledto the annual leave of the year. If the days of winter and summervacations taken by the employee are less than the days of paidannual leave for work reasons the employer he works for shall grantto him the untaken annual leave days.
第柒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。
Article 8 If an employee falls under any of thecircumstances prescribed in Article 4 (2) (3) (4) and (5) of theRegulation in the year after taking the annual paid leave of thatyear he shall not be entitled to the paid annual leave of the nextyear.
第八条职工已享受当年的年休假，年度内又出现条例第四条第（二）、（三）、（四）、（五）项规定情形之一的，不享受下一年度的年休假。
Article 9 An employer may in light of the actual productionand work situation plan the annual leave of its employees as awhole on the basis of employees own wills. Where an employer cannotgive annual leave to an employee or decides to postpone the annualleave to the next year due to work needs it shall get the consentof the employee.
第九条用人单位根据生产、工作的具体情况，并考虑职工本人意愿，统筹安排年休假。用人单位确因工作需要不能安排职工年休假或者跨1个年度安排年休假的，应征得职工本人同意。
Article 10 Where an employer does not give annual leave toan employee or gives him days of annual leave less than the days ofannual leave due upon the consent of the employee it shall pay theemployee 300% of his daily wage income for each day of the annualleave due and not taken in the year which includes the wage incometo be paid by the employer to the employee per day in normalworking days.
第十条用人单位经职工同意不安排年休假或者安排职工休假天数少于应休年休假天数的，应当在本年度内对职工应休未休年休假天数，按照其日工资收入的300%支付未休年休假工资报酬，其中包含用人单位支付职工正常工作期间的工资收入。
Anemployer shall give annual leave to its employees but if anyemployee gives a writing notice of not taking annual leave on hisown will the employer is allowed to pay for the employees normalworking days.
用人单位安排职工休年休假，但是职工因本人原因且书面提出不休年休假的，用人单位可以只支付其正常工作期间的工资收入。
Article 11 The formula for calculating the daily wageincome of an employee which is used for calculating the payment forhis annual leave time due but not taken shall be dividing themonthly wage income of the employee into the working days(21.75days.) 第十一条计算未休年休假工资报酬的日工资收入按照职工本人的月工资除以月计薪天数（21.75天）进行折算。
The monthly wage income mentioned in the precedingparagraph refers to the average monthly wage for 12 months whichdeducted the overtime pay before the employer pay to the employeesthe wage income of the annual leave not taken
前款所称月工资是指职工在用人单位支付其未休年休假工资报酬前12个月剔除加班工资后的月平均工资。在本用人单位工作时间不满12个月的，按实际月份计算月平均工资。
Ifthe working days of employees are less than 12 months for theiremployer the monthly wage income mentioned in the precedingparagraph refers to the average monthly wage in accordance with theactual working days.
Employees taking annual leave are entitled to the wages ofnormal working days. The daily wage of employees paid by piece bycommission or by employees performance shall be in line with theparagraph 1 and paragraph 2 of the Article.
职工在年休假期间享受与正常工作期间相同的工资收入。实行计件工资、提成工资或者其他绩效工资制的职工，日工资收入的计发办法按照本条第一款、第二款的规定执行。
Article 12 when employers and employees relieve orterminate the labor contract the employer have not granted theemployee the due annual leave the employer shall calculate thedaily wage of the annual leave due and pay for the not taken annualleave in accordance with the past working days the employee hasworked for the employer in the current year. The part of theuntaken annual leave due which is less than 1 day shall not bepaid.
第十二条用人单位与职工解除或者终止劳动合同时，当年度未安排职工休满应休年休假天数的，应当按照职工当年已工作时间折算应休未休年休假天数并支付未休年休假工资报酬，但折算后不足1整天的部分不支付未休年休假工资报酬。
The calculation formula of previous provision is:( thenumber of calendar days the employee has worked for the employer inthe current year /365 days)× the days of annual leave he isentitled in the current year - the days of taken annual leave inthe current year.
前款规定的折算方法为：（当年度在本单位已过日历天数÷365天）×职工本人全年应当享受的年休假天数-当年度已安排年休假天数。
Ifthe days of annual leave taken by the employee are more than thedays of entitled annual leave the employer he works for shall notdeduct the days.
用人单位当年已安排职工年休假的，多于折算应休年休假的天数不再扣回。
Article 13 The day of annual leave due and the payment forthe annual leave time due stipulated in the labor contractcollective contract or regulated in the rules and regulations ofenterprise which is higher than the standard provisions by laws theemployer shall carry it out according to the concerning agreementsor regulations.
第十三条劳动合同、集体合同约定的或者用人单位规章制度规定的年休假天数、未休年休假工资报酬高于法定标准的，用人单位应当按照有关约定或者规定执行。
Article 14 The employee of staffing firm who satisfies therequirement of Article 3 are entitled to take the annual leavedays.
第十四条劳务派遣单位的职工符合本办法第三条规定条件的，享受年休假。
Ifthe days of wage paid by the staffing firm to the employee withoutjob during the labor contract period is more than the days ofannual leave time due in the current year the employee shall not beentitled to the annual leave in the current year. If the days areless than the entitled days of annual leave in the year thestaffing firm or the employer shall negotiate to give thedispatched employee the untaken annual leave.
被派遣职工在劳动合同期限内无工作期间由劳务派遣单位依法支付劳动报酬的天数多于其全年应当享受的年休假天数的，不享受当年的年休假；少于其全年应当享受的年休假天数的，劳务派遣单位、用工单位应当协商安排补足被派遣职工年休假天数。
Article 15 The personnel department of peoples governmentsabove the county level shall conduct supervision and examination onthe implementation of these regulations and measures by units inaccordance with their authority.
第十五条悬级以上地方人民政府劳动行政部门应当依法监督检查用人单位执行条例及本办法的情况。
Where a unit fails to arrange for annual leave foremployees and pay wage remuneration on annual leave in accordancewith the Regulations the labor administration department ofpeople's government above the county level shall orderrectification within a time limit. If no rectification is madewithin the time limit such unit shall be ordered payment of wageremuneration on annual leave and also make additional compensationto employees on the basis of the amount of the wage remuneration ofannual leave. Where no wage remuneration on annual leave orcompensation is made the labor administration department shallapply for compulsory implementation by a people's court.
用人单位不安排职工休年休假又不依照条例及本办法规定支付未休年休假工资报酬的，由悬级以上地方人民政府劳动行政部门依据职权责令限期改正；对逾期不改正的，除责令该用人单位支付未休年休假工资报酬外，用人单位还应当按照未休年休假工资报酬的数额向职工加付赔偿金Ｏ苍密不执行支付未休年休假工资报酬、赔偿金行政处理决定的，由劳动行政部门申请人民法院强制执行。
Article 16 If the employer and its employees have disputeover annual leave due it shall be dealt with in accordance with therelevant regulations of labor dispute.
第十六条职工与用人单位因年休假发生劳动争议的，依照劳动争议处理的规定处理。
Article 17 Except as otherwise provided by laws theadministrative regulations as well as the additional regulations ofthe State Department the government organizations publicinstitutions civic organizations and the employees who havingemployment relationship with them shall comply with themeasures.
第十柒条除法律、行政法规或者国务院另有规定外，机关、事业单位、社会团体和与其建立劳动关系的职工，依照本办法执行。
The annual leave time due of the ship crew shall complywith "the ship crew regulations of the People'sRepublic".
船员的年休假按《中华人民共和国船员条例》执行。
Article 18 The "year" in the measures refers to theGregorian calendar.
第十八条 本办法中的"年度"是指公历年度。
Article 19 These implementation measures go into effect onthe day of promulgation
第十九条 本办法自发布之日起施行。
