2024年5月3日发(作者：win10网卡驱动安装包)

企业职工带薪年休假实施办法（英文版）

Implementation Measures for Paid Annual Leave for Employees of Enterprises

企业职工带薪年休假实施办法

Article 1 These Measures are formulated for the purpose of implementing the Regulation on Paid Annual

Leave for Employees （hereinafter referred to as Regulation）.

第一条为了实施〈〈职工带薪年休假条例》（以下简称条例），制定本实施办法。

Article 2 These Measures apply to the enterprises, private non-enterprise entities and individual industrial and

commercial households hiring labor （hereinafter referred to as "employer"） in the People's Republic of China and

the employees having an employment relationship therewith.

第二条中华人民共和国境内的企业、民办非企业单位、有雇工的个体工商户等单位（以下称用人单 位）和与其建

立劳动关系的职工，适用本办法。

Article 3 Employees who have worked continuously for one year or more are entitled to paid annual leave.

第三条 职工连续工作满12个月以上的，享受带薪年休假（以下简称年休假）。

Article 4 The days of annual leave which may be taken by an employee shall be determined according to the

employees accumulative working time which shall cover the employees working time in the same or different

employers and the hours deemed as working time by any law, administrative regulation or State Council provisions.

第四条年休假天数根据职工累计工作时间确定。职工在同一或者不同用人单位工作期间，以及依照 法律、行政法

规或者国务院规定视同工作期间，应当计为累计工作时间。

Article 5 The days of annual leave which may be taken by a new employee who satisfies the requirement of

Article 3 in the current year shall be calculated according to the number of days from the time when he is employed

by this employer to the end of the calendar year, and if the result is less than one day, he shall not enjoy annul leave

this year.

第五条 职工新进用人单位且符合本办法第三条规定的，当年度年休假天数，按照在本单位剩余日历

天数折算确定，折算后不足 1整天的部分不享受年休假。

The calculation formula is: the number of days from the time when he is employed by this employer to the end

of the calendar year/365 x the days of annual leave he is entitled to if he works for this employer for 12 months in

the current year.

前款规定的折算方法为：（当年度在本单位剩余日历天数

天数。

Article 6 Home leave, marriage or funeral leave and maternity leave as given by the state as well as the

书65天）※职工本人全年应当享受的年休假

period of suspension of work with reservation of salary due to work injury shall be additional to paid annual leave.

第六条 职工依法享受的探亲假、婚丧假、产假等国家规定的假期以及因工伤停工留薪期间不计入年

休假假期。

Article 7 An employee who has taken winter and summer vacations more than the due annual leave in a year

is not entitled to the annual leave of the year. If the days of winter and summer vacations taken by the employee are

less than the days of paid annual leave, for work reasons, the employer he works for shall grant to him the untaken

annual leave days.

第七条 职工享受寒暑假天数多于其年休假天数的，不享受当年的年休假。确因工作需要，职工享受

的寒暑假天数少于其年休假天数的，用人单位应当安排补足年休假天数。

Article 8 If an employee falls under any of the circumstances prescribed in Article 4 (2), (3), (4) and (5) of the

Regulation in the year after taking the annual paid leave of that year, he shall not be entitled to the paid annual leave

of the next year.

第八条 职工已享受当年的年休假，年度内又出现条例第四条第(二)、(三)、(四)、(五)项 规定情形之一的，不

享受下一年度的年休假。

Article 9 An employer may, in light of the actual production and work situation, plan the annual leave of its

employees as a whole on the basis of employees own wills. Where an employer cannot give annual leave to an

employee or decides to postpone the annual leave to the next year due to work needs, it shall get the consent of the

employee.

第九条 用人单位根据生产、工作的具体情况，并考虑职工本人意愿，统筹安排年休假。用人单位确

因工作需要不能安排职工年休假或者跨 1个年度安排年休假的，应征得职工本人同意。

Article 10 Where an employer does not give annual leave to an employee or gives him days of annual leave

less than the days of annual leave due upon the consent of the employee, it shall pay the employee 300% of his daily

wage income for each day of the annual leave due and not taken in the year, which includes the wage income to be

paid by the employer to the employee per day in normal working days.

第十条用人单位经职工同意不安排年休假或者安排职工休假天数少于应休年休假天数的，应当在本 年度内对职工

应休未休年休假天数，按照其日工资收入的

单位支付职工正常工作期间的工资收入。

An employer shall give annual leave to its employees, but if any employee gives a writing notice of not taking

annual leave on his own will, the employer is allowed to pay for the employees ' normal working days.

用人单位安排职工休年休假，但是职工因本人原因且书面提出不休年休假的，用人单位可以只支付其 正常工作期

间的工资收入。

Article 11 The formula for calculating the daily wage income of an employee which is used for calculating the

payment for his annual leave time due but not taken shall be dividing the monthly wage income of the employee into

the working days (21.75days.) 第 条

资收入按照职工本人的月工资除以月计薪天数( 21.75天)进行折算。

计算未休年休假工资报酬的日工

300%支付未休年休假工资报酬，其中包含用人

The monthly wage income mentioned in the preceding paragraph refers to the average monthly wage for 12

months, which deducted the overtime pay, before the employer pay to the employees the wage income of the

annual leave not taken

前款所称月工资是指职工在用人单位支付其未休年休假工资报酬前

工资。在本用人单位工作时间不满 12个月的，按实际月份计算月平均工资。

12个月剔除加班工资后的月平均

If the working days of employees are less than 12 months for their employer, the monthly wage income

mentioned in the preceding paragraph refers to the average monthly wage in accordance with the actual working

days.

Employees taking annual leave are entitled to the wages of normal working days. The daily wage of employees

paid by piece, by commission or by employees ' performance shall be in line with the paragraph 1 and paragraph 2

of the Article.

职工在年休假期间享受与正常工作期间相同的工资收入。实行计件工资、提成工资或者其他绩效工资 制的职工，

日工资收入的计发办法按照本条第一款、第二款的规定执行。

Article 12 when employers and employees relieve or terminate the labor contract, the employer have not

granted the employee the due annual leave, the employer shall calculate the daily wage of the annual leave due and

pay for the not taken annual leave in accordance with the past working days the employee has worked for the

employer in the current year. The part of the untaken annual leave due which is less than 1 day shall not be paid.

第十二条用人单位与职工解除或者终止劳动合同时，当年度未安排职工休满应休年休假天数的，应 当按照职工

当年已工作时间折算应休未休年休假天数并支付未休年休假工资报酬，但折算后不足

部分不支付未休年休假工资报酬

。

The calculation formula of previous provision is:( the number of calendar days the employee has worked for the

employer in the current year /365 days) the days of annual leave he is entitled in the

1整天的

current year - the days of taken annual leave in the current year.

前款规定的折算方法为：(当年度在本单位已过日历天数

天数-当年度已安排年休假天数。

If the days of annual leave taken by the employee are more than the days of entitled annual leave, the

employer he works for shall not deduct the days.

用人单位当年已安排职工年休假的，多于折算应休年休假的天数不再扣回。

Article 13 The day of annual leave due and the payment for the annual leave time due stipulated in the labor

contract, collective contract or regulated in the rules and regulations of enterprise which is higher than the standard

provisions by laws the employer shall carry it out according to the concerning agreements or regulations.

第十三条劳动合同、集体合同约定的或者用人单位规章制度规定的年休假天数、未休年休假工资报酬 高于法定

标准的，用人单位应当按照有关约定或者规定执行。

Article 14 The employee of staffing firm who satisfies the requirement of Article 3 are entitled to take the annual

leave days.

第十四条劳务派遣单位的职工符合本办法第三条规定条件的，享受年休假。

If the days of wage paid by the staffing firm to the employee without job during the labor contract period is more

than the days of annual leave time due in the current year, the employee shall not be entitled to the annual leave in

the current year. If the days are less than the entitled days of annual leave in the year, the staffing firm or the

employer shall negotiate to give the dispatched employee the untaken annual leave.

被派遣职工在劳动合同期限内无工作期间由劳务派遣单位依法支付劳动报酬的天数多于其全年应当享 受的年休

假天数的，不享受当年的年休假；少于其全年应当享受的年休假天数的，劳务派遣单位、用工单 位应当协商安排补足

被派遣职工年休假天数。

Article 15 The personnel department of peoples governments above the county level shall conduct supervision

and examination on the implementation of these regulations and measures by units in accordance with their

authority.

第十五条县级以上地方人民政府劳动行政部门应当依法监督检查用人单位执行条例及本办法的情况。

书65天)※职工本人全年应当享受的年休假

Where a unit fails to arrange for annual leave for employees and pay wage remuneration on annual leave in

accordance with the Regulations, the labor administration department of people's government above the county

level shall order rectification within a time limit. If no rectification is made within the time limit, such unit shall be

ordered payment of wage remuneration on annual leave and also make additional compensation to employees on

the basis of the amount of the wage remuneration of annual leave. Where no wage remuneration on annual leave or

compensation is made, the labor administration department shall apply for compulsory implementation by a people's

court.

用人单位不安排职工休年休假又不依照条例及本办法规定支付未休年休假工资报酬的，由县级以上地 方人民政

府劳动行政部门依据职权责令限期改正；对逾期不改正的，除责令该用人单位支付未休年休假工 资报酬外，用人单位

还应当按照未休年休假工资报酬的数额向职工加付赔偿金；对拒不执行支付未休年休 假工资报酬、赔偿金行政处理决

定的，由劳动行政部门申请人民法院强制执行。

Article 16 If the employer and its employees have dispute over annual leave due, it shall be dealt with in

accordance with the relevant regulations of labor dispute.

第十六条职工与用人单位因年休假发生劳动争议的，依照劳动争议处理的规定处理。

Article 17 Except as otherwise provided by laws, the administrative regulations, as well as the additional

regulations of the State Department, the government organizations, public institutions, civic organizations, and the

employees who having employment relationship with them shall comply with the measures.

第十七条 除法律、行政法规或者国务院另有规定外，机关、事业单位、社会团体和与其建立劳动关

系的职工，依照本办法执行。

The annual leave time due of the ship crew shall comply with "the ship crew regulations of the People's Republic".

船员的年休假按〈〈中华人民共和国船员条例》执行。

Article 18 The "year" in the measures refers to the Gregorian calendar.

第十八条 本办法中的”年度”是指公历年度。

Article 19 These implementation measures go into effect on the day of promulgation

第十九条 本办法自发布之日起施行

。