Rest days, legal holidays, annual leave, family visit leave, marriage and funeral leave, how should these holidays be taken?
The Ministry of human resources and social security recently issued the relevant standards for statutory holidays and other holidays in China to clarify the above five types of leave standards.
Rest day standard:
Two days off a week can be flexibly arranged according to the actual situation
Recently, there has been a lot of discussion about the '996' working system (working from 9 a.m. to 9 p.m., six days a week).
The Ministry of human resources and social security said that article 38 of the labor law stipulates that employers should ensure that workers take at least one day off every week. With the implementation of the decision of the State Council on amendment (Order No. 174 of the State Council), the rest time standard for Chinese employees has become five days of work and two days of rest.
The decision also stipulates that state organs and institutions implement unified working hours, and Saturdays and Sundays are weekly rest days; Enterprises and institutions that cannot implement the unified working hours stipulated by the state may flexibly arrange weekly rest days according to the actual situation.
The reporter noted that in recent years, it has become a trend to encourage 2.5-day small and long holidays (Friday afternoon + weekend). At present, more than 10 provinces such as Hebei, Jiangxi, Chongqing, Gansu, Liaoning, Anhui, Shaanxi, Guizhou, Fujian, Zhejiang and Guangdong have issued opinions on encouraging 2.5-day leave.
Legal annual holiday standard:
There are 11 days and 7 festivals. All citizens have a holiday
The current standard of legal holidays in China is 11 days.
Holidays for all citizens: new year, one day off (January 1); Spring Festival, 3 days off (the first, second and third days of the first lunar month); Qingming Festival, one day off (Qingming Day of the lunar calendar); Labor day, one day off (May 1); Dragon Boat Festival, one day off (on the day of the Dragon Boat Festival in the lunar calendar); Mid Autumn Festival, one day off (the mid autumn day of the lunar calendar); National Day, 3 days off (October 1, 2 and 3).
Festivals and anniversaries of some citizens: Women's Day (March 8), women's day off for half a day; Youth Day (May 4), a half day holiday for young people over the age of 14; Children's Day (June 1), children under the age of 14 have a day off; On the anniversary of the founding of the Chinese people's Liberation Army (August 1), active servicemen have a half day holiday. The local people's governments in areas where ethnic minorities live in concentrated communities shall, in accordance with the customs of their respective ethnic groups, set the dates for holidays.
Other festivals and commemorative days, such as the February 7th anniversary, the May 30th anniversary, the July 7th anniversary of the war of resistance against Japan, the September 3rd anniversary of the victory of the war of resistance against Japan, the September 18th anniversary, teachers' day, nurses' day, reporters' day and tree planting day, shall not be closed.
If a holiday falls on a Saturday or Sunday, all citizens shall take a supplementary holiday on a working day. If the holidays of some citizens fall on Saturday or Sunday, they will not be made up.
Annual leave standard:
If you have worked continuously for more than 1 year, you can enjoy paid annual leave
Article 45 of the labor law stipulates that the State implements a paid annual leave system. In 2007, the State Council promulgated the regulations on paid annual leave for employees (Order No. 514 of the State Council), which clearly stipulates that employees of organs, organizations, enterprises, institutions, private non enterprise units, individual industrial and commercial households with employees who have worked continuously for more than one year shall enjoy paid annual leave.
If an employee has worked for more than 1 year but less than 10 years, he / she shall have an annual leave of 5 days; 10 days of annual leave for those who have completed 10 years but less than 20 years; For those who have completed 20 years, the annual leave is 15 days. National statutory holidays and rest days are not included in the annual leave.
The reporter noted that the implementation rate of the paid annual leave system is not very ideal. The survey on the basic situation of human resources and social security in some cities (60 cities) carried out by the Ministry of human resources and social security every year shows that more than half of the employees enjoy paid annual leave. By implication, nearly half of the people do not enjoy paid annual leave.
For quite a few people, paid annual leave is still a paper welfare. According to the requirements of the State Council in the outline of national tourism and leisure (2013-2020), the paid annual leave system for employees in 2020 can be basically implemented.
Standard of home leave:
Married every 4 years for 20 days
In 1981, the State Council issued the provisions on the treatment of family visits for employees, which stipulated the standards for family visits for employees of state organs, people's organizations, enterprises and institutions owned by the whole people.
According to regulations, if an employee has worked for one year, does not live with his spouse and cannot be reunited on public holidays, he can enjoy the holiday treatment of visiting his spouse (once a year, 30 days of holiday). If he cannot live with his father and mother and cannot be reunited on public holidays, he can enjoy the holiday treatment of visiting his parents (unmarried employees take 20 days' leave once a year; married employees take 20 days' leave once every 4 years).
At the same time, the unit shall give travel leave as needed. Family visit leave includes public holidays and legal holidays.
For home leave, the reporter noted that at present, it is mostly in organs, institutions and state-owned enterprises.
Standard of marriage and funeral leave: 1-3 days as appropriate
In China, employees of state-owned enterprises can enjoy marriage and funeral leave.
According to the provisions of the notice of the State Administration of labor and the Ministry of Finance on the application of marriage and funeral leave and journey leave for employees of state-owned enterprises, when an employee marries himself or the employee's immediate family members (parents, spouses and children) die, the unit may give 1-3 days of marriage and funeral leave at its discretion according to the specific circumstances.
In addition, travel leave can be given according to the distance.
Have you taken all these holidays?