Research On System Of Paid Annual Leave In China

The system of paid annual leave is one of the important systems to guarantee and implement workers’ right to rest.It is a universal system in the world.It has many functions,such as guaranteeing workers’ right to rest,implementing the rights of workers stipulated in the Constitution,mobilizing their enthusiasm for work and maintaining their physical and mental health.However,China’s paid annual leave system is less effective than other big countries in the world.In today’s increasingly serious "overtime culture" and "996 working system",the workers’ paid annual leave right is "greatly reduced" and even becomes a virtual reality.This paper analyzes the theory of paid annual leave system and deconstructs the composition of paid annual leave system in detail through literature,institutional research and the combination of comparative and empirical research.Through case analysis,this paper summarizes and analyzes the problems existing in China’s paid annual leave system.In addition,we studied the paid annual leave system in Germany,France,Japan,Taiwan and Hong Kong in China,and gained advanced experience based on China’s national conditions.The right of paid annual leave is a sub-right of the right of rest in the Constitution,which has both the property of freedom and the property of social right,and its function Angle is also divided into two modes: the right of request and the right of formation.There are two legislative purposes of paid annual leave system: "right to rest" and "labor maintenance".The structure of the deconstructed system mainly includes the subject of rights,applicable conditions,date scheduling,use of vacation and compensation measures for unused annual leave.The institutional reasons for the poor effectiveness of paid annual leave in China are as follows: low legal rank,disordered legislative purpose,small scope of rights subject,unclear attribution of rights,existence of the system of money purchase and right waiver,and the non-holidayability during the annual leave.In addition,there are many problems,such as weak awareness of workers’ rights and weak supervision links.Meanwhile,there are also some disputes in the field of judicial practice on the right protection relief.To perfect the annual leave system,we should not only take into account the legislative purpose of protecting workers’ rights into effect,seal up the system loopholes that employers may seize,but also balance the distribution of rights and obligations between labor and employees.This paper analyzes the specific situation of the relevant judicial practice in China,combines the experience outside the region with the national conditions,and puts forward corresponding countermeasures.The top-level design of legislation includes the promotion of legislative rank,the expansion of the scope of the subject,the clarification of the property of rights,and the clear specification of mandatory.In terms of the protection of rights implementation,the reform direction includes clarifying the special arbitration prescription,distributing the burden of proof,strengthening labor supervision and so on,so as to provide suggestions for the practical implementation of paid annual leave in China.