Research On Obstacles And Legal Countermeasures Of Implementing Paid Annual Leave System In China

The promulgation of the "Regulations on the Annual Leave of Employees with Pay" and the "Implementation Measures for the Annual Leave of Employees with Pay of Enterprises" in 2008 have reflected China’s increasing emphasis on paid annual leave and the right of workers to take leave.However,after more than ten years of implementation,the status of workers enjoying paid annual leave is still very disappointing,and the labor disputes caused by it are also showing an increasing trend,which also shows China’s paid annual leave system from the side There is something unreasonable.The defects of the system will make the rights granted by the system lose powerful weapons and become fragile,as if the skeleton of rights has been drawn so that they can only survive on paper.Therefore,through the statistical analysis of relevant cases,this article reveals the various obstacles in the implementation of China’s paid annual vacation system,and strives to find the reasons behind it,so as to treat the disease right,from the benefit of the implementation of the system and strengthen the system From the perspective of implementing guarantees,I have some humble opinions on improving the implementation of the paid annual leave system in China.In addition to the introduction and conclusion,this article is divided into the following four parts:By collecting hundreds of cases,the first part of the article analyzes and classifies the problems and controversies reflected in each case,and summarizes the obstacles in the implementation of the paid annual vacation system in China,including the year The obstacles in the leave start procedure also include disputes in the annual leave relief system.The second part of the article starts from the internal factors of the system itself and the external factors such as social environment,and analyzes the reasons behind the poor implementation of the paid annual leave system in China.The internal reasons mainly include: the existing legislation is somewhat rough,systematic and inferior,and some provisions are obviously contrary to the legal nature of the annual leave right.The mode of determining the employer ’s right to form the annual leave and the planning model also violate the original intention of annual leave legislation Wait.The third part of the article discusses the legal principles related to the controversial issues in judicial practice,clarifies the relevant theories of China’s paid annual leave system,and lays the foundation for the establishment of a reasonable and practical annual leave system.The legal nature of the statutory annual leave is discussed in the light of the claims,formation rights and dichotomy theory in the academic world;the nature of the annual leave-related treatment is analyzed in conjunction with the labor compensation theory,welfare treatment theory and punitive compensation theory.The fourth part is based on the legal analysis of the previous part,combined with China’s reality,and drawing on the experience of paid annual leave in some developed countries,and put forward a series of specific opinions on the improvement of China’s paid annual leave system: clear annual leave start rules and unification The relationship between the statutory and welfare annual leave,the civil liability for distinguishing the non-holiday annual leave in different situations,the application of the unified arbitration time limit,etc.