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08.带薪年休假等(Annual leave with pay, etc.)

日期:2023-07-28


    重点内容:1. 职工连续工作满12个月以上的,享受带薪年休假;

    2. 职工累计工作已满1年不满10年的,年休假5天;已满10年不满20年的,年休假10天;已满20年的,年休假15天;

    3. 职工有下列情形之一的,不享受当年的年休假:

    (1)职工依法享受寒暑假,其休假天数多于年休假天数的;(2)职工请事假累计20天以上且单位按照规定不扣工资的;(3)累计工作满1年不满10年的职工,请病假累计2个月以上的;(4)累计工作满10年不满20年的职工,请病假累计3个月以上的;(5)累计工作满20年以上的职工,请病假累计4个月以上的。

    适用情形: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。

    依  据:1.《职工带薪年休假条例》(中华人民共和国国务院令第514号);

    2. 《企业职工带薪年休假实施办法》。

    ………………………………………………………………………

    重点内容:1. 依法办理结婚登记的夫妻享受婚假十五天;

    2. 符合法律法规规定生育的女职工产假期间,男方所在单位应当给予男方护理假二十天。护理假期间享受在岗职工同等待遇;

    3. 符合法律法规规定生育的女职工,在国家规定产假的基础上增加产假八十天。产假期间享受在岗职工同等待遇;

    4. 职工接受计划生育手术的,享受国家规定的假期,计划生育手术假期视为工作时间。计划生育手术住院期间确需护理的,根据手术单位建议,给予其配偶护理假,护理假视为工作时间;

    5. 符合法律法规规定生育的职工,在产假或者护理假期满后,经单位批准,夫妻一方可以休育儿假至子女一周岁止,或者夫妻双方可以在子女六周岁前每年各累计休五至十天的育儿假。夫妻一方休育儿假至子女一周岁止的,期间的月工资不低于休假前本人基本工资的百分之七十五,并不得低于当年本市最低工资标准;夫妻双方在子女六周岁前每年各累计休五至十天育儿假的,期间享受在岗职工同等待遇。

    适用情形:本市行政区域内的国家机关、社会团体、企业事业单位和其他组织(以下简称单位)以及户籍地或者居住地在本市的公民。

    依  据:《重庆市人口与计划生育条例》。

    ………………………………………………………………………


    重点内容:1. 女职工生育享受98天产假,其中产前可以休假15天;难产的,增加产假15天;生育多胞胎的,每多生育1个婴儿,增加产假15天;

    2. 女职工怀孕未满4个月流产的,享受15天产假;怀孕满4个月流产的,享受42天产假。

    适用情形:中华人民共和国境内的国家机关、企业、事业单位、社会团体、个体经济组织以及其他社会组织等用人单位及其女职工。

    依  据:《女职工劳动保护特别规定》(中华人民共和国国务院令第619号)。



Annual leave with pay, etc.


    Highlights: 1. Employees are entitled to paid annual leave if they have worked for 12 months or more in a row;

    2. If an employee has worked for an aggregate of one year but less than 10 years, the annual leave shall be 5 days; if between 10 and 20 years, the annual leave shall be 10 days; if 20 years, the annual leave shall be 15 days;

    3. Employees shall not be entitled to the annual leave of the year under one of the following circumstances:

    (1) The employee is entitled to summer and winter vacations in accordance with the law, and the number of days of such vacations is more than the number of annual leaves; (2) the employee has taken casual leave for more than 20 days without deduction of his/her wages in accordance with the law; (3) the employee who has worked for an aggregate of one year but less than 10 years has taken a two-month sick leave at least; (4) the employee who has worked for an aggregate of 10 years but less than 20 years has taken a three-month sick leave at least; (5) the employee who has worked for over 20 years has taken a four-month sick leave at least.

    Scope of application: Enterprises, non-governmental non-profit organizations, and individual businesses with hired hands within the territory of the People's Republic of China (hereinafter referred to as "employer") and the employees with whom they have established labor relations.

    Legal basis: 1. Regulations on Paid Annual Leave for Employees (No. 514 Decree of the State Council of the People's Republic of China);

    2. Measures for the Implementation of Paid Annual Leave for Enterprise Employees.

    ………………………………………………………………………



    Highlights: 1. Couples who register their marriage in accordance with the law are entitled to 15 days of marriage leave;

    2. During the maternity leave specified by law, the employer of the female employee's husband shall grand the man a 20-day nursing leave. During the nursing leave, they shall be entitled to the same treatment given to in-service staff;

    3. Female employees who comply with the childbearing policy shall be granted another 80 days' leave on top of the maternity leave provided for by the State. They shall be entitled to the same treatment as in-service employees during the maternity leave;

    4. Employees who undergo surgery for family planning shall enjoy the leave prescribed by the State, and the leave for family planning surgery shall be regarded as working hours. If nursing care is required during hospitalization for family planning surgery, the spouse shall be granted nursing care leave on the recommendation of the medical institution that did the surgery, and the nursing care leave shall be regarded as working hours;

    5. For female employees who comply with the legal rules on maternity leave, upon expiration of the maternity leave or nursing leave and with the approval of the employer, their spouse may take a childcare leave until the child is one year old, or the couple may each take a cumulative childcare leave of 5 to 10 days per year until the child is six years old. If one of the spouses takes childcare leave until the child is one year old, the monthly wage for this period shall not be less than 75% of his or her basic wage before leave, and shall not be less than the minimum wage of Chongqing in the same year; if the wife and husband take a cumulative 5-10 days of childcare leave each per year before the child reaches the age of six years, he or she shall enjoy the same treatment as in-service staff.

    Scope of application: State organs, social groups, enterprises, public institutions, and other organizations within the administrative areas of Chongqing ((hereinafter referred to as "employer") and people whose places of domicile or residence are in Chongqing.

    Legal basis: Regulations on Population and Family Planning of Chongqing Municipality.

    ………………………………………………………………………



    Highlights: 1. Female employees are entitled to 98 days of maternity leave for childbirth and 15 days of pre-delivery leave; in the event of dystocia, the maternity leave shall be increased by 15 days; in the event of multiple births, the maternity leave shall be increased by 15 days per extra newborn;

    2. In case of miscarry before the fourth month of pregnancy, the maternity leave shall be 15 days; if the miscarry happens after the fourth month of pregnancy, the maternity leave shall be 42 days.

    Scope of application: Employers and their female employees, including State organs, enterprises, public institutions, social groups, individual economic organizations, and others within the territory of the People's Republic of China.

    Legal basis: Special Rules on the Labor Protection for Female Employees (No. 619 Decree of the State Council of the People's Republic of China).


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