Study On Paid Annual Holiday System In China

The paid annual leave system is one of the important measures to guarantee the human rights in the Constitution and other legal provision.Since the promulgation of the law,it had been effective,but there are still many problems in practice.Starting from the purpose and meaning of paid annual leave,the vacation is to protect the physical and mental health of workers,thus build a spiritual culture.what’s more during the vacation,the workers will carry out the corresponding economic activities,so that it may contribute to development of the economic in China.Therefore,it is so important to improve and implement the system of paid annual leave.This paper is divided into three parts to discuss the problem of the system of paid annual leave.The first part mainly analyzes the present situation of paid annual vacation in our country in the legislative system and the implementation for the present stage.Three aspects are mainly discussed on the legislative system,and the current situation of legislation in our country is discussed respectively from the arrangement way of paid annual vocation,compensation for the ones who do not take annual leave vocation,and the relevant provisions of legal liability.The second part mainly discusses the existing problems of the current paid annual vacation.Referring to the three aspects discussed in first part of this paper,a detailed discussion is respectively done,pointing out the defects in the design of the system in our country at the present stage of annual paid vacation.The third part mainly refers to the relative systems of paid annual vacation overseas,and chooses provisions which are suitable to the conditions of China to learn and improve the existing problems through the analysis of the specific provisions of paid annual vocation system in three countries of France,Germany and Japan.The third part mainly improves and solves problems discussed above.This part is also divided into three aspects: First,for the existing problems in our annual paid vacation arrangement,it is to put forward to set up a model of calculating the vacation days by increasing one day for a working year until the total days are up to25 days to increase our annual paid vacation days and clearly define the system for a continuous vocation of annual vacation;Second,the nature of compensation wages for the ones who do not take their annual vacations should be clearly defined as laborremuneration,applying to the special limitation,so as to protect the rights of workers;Third,to improve the legal responsibility,it needs double protection by civil liability and administrative liability.In the civil liability,it should do a detailed distinction on the legal liability of different causes of not arranging annual vocation.The legal liability of not arranging annual vocation should apply to the principles which are conducive to the workers.In the administrative responsibility,it need to cancel the provisions to instruct to correct,so as to further strengthen the administrative responsibilities of regulatory authorities.