Research On The Legal System Of Paid Annual Leave In China

China’s Constitution clearly stipulates that citizens enjoy the right to rest.As an important manifestation of workers’ right to rest,paid annual leave is of great significance to protect workers’ physical and mental health.Although as early as 2008,China issued the "Regulations on paid annual leave for employees" and "measures for the implementation of paid annual leave for enterprise employees",to a certain extent,alleviating the difficult situation of workers’ leave in China,there are still many problems in practice,and even paid annual leave is regarded as "the right lying on paper" by many workers.Therefore,this paper focuses on promoting the improvement of the legal system of paid annual leave,analyzes the current situation of paid annual leave system and its implementation in China,and on the basis of learning from the mature experience of paid annual leave system in France,Japan,Germany and other developed countries,analyzes the subject,conditions,compensation and responsibility of paid annual leave system in China Research and put forward relevant suggestions.In addition to the introduction,this paper is divided into four partsThe first part summarizes the development process of the paid annual leave system in China,analyzes the current situation of the system implementation,and puts forward that the implementation of paid annual leave is of great significance to protect workers’ right to rest,relieve holiday traffic pressure and promote national economic development.Through the analysis,it is concluded that the formulation of a specific and feasible paid annual leave system is not only from the national perspective,but also from the national perspective It is of great significance from the perspective of units or individual workers.In the second part,through the analysis of the current legal system of paid annual leave in China,from four aspects: the applicable subject,the applicable conditions,the specific implementation of leave compensation and the failure to effectively arrange the responsibility of paid leave,the author finds out the reason why paid annual leave has been regarded as "the right lying on paper" by many workers for many years from the system itself.In the third part,we introduce the regulations on vacation subjects,vacation arrangements,relevant provisions of compensation and the implementation of vacation responsibilities in France,Germany,Japan and other countries which are relatively mature in paid vacation system.We should take the essence of it and choose the system suitable for China’s national conditions for reference,so as to improve the system of paid annual leave in China.In the fourth part,aiming at the above research and the problems existing in China’s paid annual leave system,the author puts forward suggestions for improvement from the following four angles,hoping to promote the implementation of the paid annual leave system.Through the study of the subject of leave,it is considered that the scope of the subject of paid annual leave in China’s law is relatively general,and it does not cover part-time workers,irregular working system workers and special professional workers,and the applicable conditions are relatively strict.However,in France,Japan and other developed countries with relatively sound leave system,paid annual leave is generally accepted Through the research,this paper thinks that the subject of paid annual leave should include part-time workers,irregular working system workers and special professional workers.Through the study of the holiday time limit,it is considered that the connection span with the length of service is too long,and the time limit and meeting the level of social and economic development need to be extended;it is considered that the provisions allowing employers and workers to cancel the annual leave by agreement are unreasonable,and it should be clearly prohibited to cancel the paid annual leave by agreement;it is proposed that the annual leave for workers in special industries should also be reasonably and scientifically arranged I’d like to make some suggestions.Through the analysis of the nature of compensation for three times of the salary for the compensation for non annual leave,the limitation of action for claiming compensation,and whether the workers can get the compensation for non annual leave when they voluntarily propose to terminate the labor contract,the author thinks that one time of the compensation for three times of the salary for non annual leave should be regarded as the salary reward,and the remaining two times of the salary should be regarded as the punitive compensation for the employer,resulting in labor disputes In order to protect the rights of workers,the author puts forward some suggestions on the compensation of paid annual leave.In order to improve the responsibility for the implementation of paid annual leave,we need to strengthen the civil responsibility and administrative responsibility of employers to carry out double "responsibility protection" for the implementation of paid annual leave system.In the part of civil liability,it is necessary to make a specific distinction between the responsibility of not arranging annual leave due to different colleagues,and in the aspect of administrative responsibility,it is necessary to cancel the provisions of responsibility correction,so as to strengthen the administrative responsibility of the supervision organ;and it is suggested that the evaluation results of the supervision organ on the employing unit should be included in the company’s integrity evaluation system.In the process of writing this article,the author analyzes the legal system related to the paid annual leave system of workers in China through comparative research method,and then refers to the relatively perfect leave system in foreign countries for the protection of workers’ rest rights and interests.Combined with the actual situation in China,the author finally puts forward some suggestions on the subject,conditions and compensation of leave This paper puts forward some ideas and suggestions on the improvement and implementation of the paid annual leave system in China.Through the method of literature analysis,this paper analyzes and studies the literatures related to paid annual leave published in recent years,makes an overall analysis of China’s current system on the shoulders of predecessors,and finds a suitable angle to demonstrate the mature legislative experience of foreign leave system and the omissions of China’s system itself,so as to learn from each other and make up for the shortcomings Relevant issues are more well founded.In the context of today’s workers pay more and more attention to safeguard their legitimate rights and interests of vacation,I hope the research done in this paper can play a certain role in promoting the improvement and implementation of the paid annual leave system,so as to promote the protection of workers to enjoy paid annual leave.