Calculation method of annual leave

Formula 1: Annual leave of new employees who meet the leave requirements in the current year = (remaining calendar days in the current year ÷365)× number of days to be enjoyed in the whole year.

Formula 2: annual leave for resignation = (calendar days in the current year ÷365)× annual enjoyment days-vacation days in the current year?

Formula 3: Remuneration for not arranging legal annual leave = average monthly salary excluding overtime in the previous 12 months ÷2 1.75x200%x days of leave.

Annual leave refers to the annual leave given to employees. That is, employees of government agencies, organizations, enterprises, institutions, private non-enterprise units, individual industrial and commercial households with employees and other units can enjoy paid annual leave if they work continuously for more than 1 year.

The unit shall ensure that employees enjoy annual leave. On June 5438+1 October1day, 2008, the Regulations on Paid Annual Leave for Employees was officially implemented. The "Regulations" also pointed out that paid annual leave does not include national statutory holidays and other relevant regulations.

Extended information Article 45 of the Labor Law stipulates: "The state practices a paid annual leave system. Workers who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by the State Council. "

"Notice of the State Council on Employees' Vacation" "When determining the number of employees' vacation days, it should be different according to the work tasks and the qualifications and positions of various personnel, and the longest time should not exceed 2 weeks."

Article 45 of the Labor Law of People's Republic of China (PRC) clearly stipulates: "The state practices the paid annual leave system. Workers who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by the State Council. " However, since the promulgation of the Labor Law, the State Council has not formulated specific measures for employees to enjoy paid annual leave according to this article of the Labor Law.

Article 2 of the Notice of the Ministry of Labor on Printing and Distributing the Answers to Questions about the Provisions of the State Council on Working Hours of Employees stipulates this question: "Article 45 of the Labor Law stipulates that' the state implements the paid annual leave system. Workers who have worked continuously for more than one year are entitled to paid annual leave. The specific measures shall be formulated by the State Council.

Before the State Council issued the Regulations on Annual Leave for Enterprise Employees, the Notice on Employees' Leave jointly issued by the Central Committee of the Communist Party of China and the State Council on June 199 15 should continue to be implemented. "

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