19-002 · EVIDENCE A · SOURCE-SENSITIVE
Annual leave is calculated based on total years of service: 5, 10, or 15 days. If unused, employees receive 300% of their daily wage as compensation.
年休假按累计工龄算 5、10、15 天，没休成的按日工资 300% 折钱
There is no cost involved. Simply add up all the years you’ve worked at every employer; your social insurance records serve as proof. The main challenge is avoiding signing any form that states you “voluntarily waive annual leave.”
If your total work experience across all employers is at least 1 year but under 10 years, you’re entitled to 5 days of annual leave per year. For 10–20 years of experience, it’s 10 days; for 20+ years, it’s 15 days. These totals continue to accumulate even after changing jobs. If your employer cannot arrange leave and you agree to forgo it, you’ll receive three times your daily wage for those days. Signing a “voluntary waiver of annual leave” form means you’ll only receive your regular salary thereafter.
A
Move “Annual leave is calculated based on total years of service: 5, 10, or 15 days. If unused, employees receive 300% of their daily wage as compensation.” to Future Me's calendar
The excuse
There is no immediate alarm, so the sensible choice can wait for a less busy week.
What feels good now
Today I keep a few minutes, a bit of persistence and avoid interrupting my default routine.
What the source says
The source summarizes the return this way: “If your total work experience across all employers is at least 1 year but under 10 years, you’re entitled to 5 days of annual leave per year. For 10–20 years of experience, it’s 10 days; for 20+ years, it’s 15 days. These totals continue to accumulate even after changing jobs. If your employer cannot arrange leave and you agree to forgo it, you’ll receive three times your daily wage for those days. Signing a “voluntary waiver of annual leave” form means you’ll only receive your regular salary thereafter.” Evidence grade A. The original states the population, caveats, and sources; this is not a personal forecast.
Use the original facts and limits. For an urgent medical, safety, financial, or legal issue, contact a qualified local professional or service.
THE ENGLISH EDITION
Original recommendation and evidence
2. Annual leave is calculated based on total years of service: 5, 10, or 15 days. If unused, employees receive 300% of their daily wage as compensation.
Cost: There is no cost involved. Simply add up all the years you’ve worked at every employer; your social insurance records serve as proof. The main challenge is avoiding signing any form that states you “voluntarily waive annual leave.”
In plain terms: If your total work experience across all employers is at least 1 year but under 10 years, you’re entitled to 5 days of annual leave per year. For 10–20 years of experience, it’s 10 days; for 20+ years, it’s 15 days. These totals continue to accumulate even after changing jobs. If your employer cannot arrange leave and you agree to forgo it, you’ll receive three times your daily wage for those days. Signing a “voluntary waiver of annual leave” form means you’ll only receive your regular salary thereafter.
Benefit: Employees who have worked continuously for 12 months qualify for annual leave. The number of days is determined by total years of service across all employers. Specifically, 5 days apply to 1–10 years of experience, 10 days for 10–20 years, and 15 days for 20+ years. Statutory holidays and weekends do not count toward this total. If an employer genuinely cannot provide leave due to operational needs and you consent to forgoing it, you’ll receive 300% of your daily wage as compensation. This amount already includes your regular salary, so the extra payment equals 200% of your daily wage. Daily wage is calculated as monthly salary ÷ 21.75; monthly salary is the average of the previous 12 months’ earnings excluding overtime. New employees receive a pro‑rated amount based on days worked that year. Upon termination, unused leave is compensated proportionally, with no deductions for any leave already taken. Employers failing to provide leave or compensation face mandatory corrections; persistent non‑compliance results in an additional penalty equal to the original compensation amount (effective nationwide since 1 Jan 2008).
Evidence grade: A
Sources: State Council of China (2007). Regulations on paid annual leave for employees (State Council of China Order No. 514, Articles 2, 3, 4, 5, 7). <http://www.gov.cn/gongbao/content/2008/content_859865.htm>; Ministry of Human Resources and Social Security of China (2008). Implementation Measures for Paid Annual Leave for Enterprise Employees (Ministry of Human Resources and Social Security of China Order No. 1, Articles 3, 4, 5, 10, 11, 12, and 15). <http://www.gov.cn/gongbao/content/2009/content_1265995.htm>
Notes: Total years of service are cumulative across all employers, not limited to one company. Never base calculations solely on tenure at your current employer. Only when an employee “voluntarily and in writing waives leave” may the employer limit payment to regular wages; therefore, avoid signing such waivers. Employees taking 20+ days of personal leave without wage deductions also lose annual leave entitlement. Similarly, extended sick leave disqualifies workers: 2 months for under‑10‑year experience, 3 months for 10–20 years, and 4 months for 20+ years. Family‑visit leave, marriage or bereavement leave, maternity/paternity leave, and periods of work‑related injury recovery do not count toward annual leave.
Read the complete Chinese source and notes
2. 年休假按累计工龄算 5、10、15 天，没休成的按日工资 300% 折钱
成本: 不花钱。把自己在所有单位干过的年头加起来算一遍，社保缴费记录就是证明。难在公司递「自愿放弃年休假」的表时要能不签。
说人话: 在所有单位的工龄加起来满 1 年不满 10 年，每年 5 天年休假。满 10 年是 10 天，满 20 年是 15 天。换过工作也照样往上累计。单位安排不了、你又同意不休的，那几天按日工资的 3 倍给钱。「自愿放弃年休假」的表一签，就只剩正常工资了。
收益: 连续工作满 12 个月就有年休假。天数按**累计**工作时间定，在所有单位干过的年头都加起来算。满 1 年不满 10 年 5 天，满 10 年不满 20 年 10 天，满 20 年 15 天。国家法定休假日和休息日不算进年休假的天数里。单位确实因为工作需要安排不了、又征得你本人同意不休的，该休没休的那几天「按照该职工日工资收入的 300% 支付年休假工资报酬」。这 300% 里已经含了正常上班那天本来就该给的一份，所以实际额外多拿到手的是 200%。日工资 = 本人月工资 ÷ 21.75。月工资按发这笔钱之前 12 个月的工资算，去掉加班费之后取月平均数。当年才进单位的，按在这家单位剩下的日历天数折算。离职时按当年已经干了多久折算并结清，已经多休的不倒扣回来。单位既不安排休、又不给钱的，勒令限期改正。过了期限还不改的，除了那笔年休假工资报酬，还要再按同样的数额加付一笔赔偿金（全国，2008 年 1 月 1 日起施行）
证据等级: A
来源: 国务院 (2007). 职工带薪年休假条例（国务院令第 514 号，第二、三、四、五、七条）. <http://www.gov.cn/gongbao/content/2008/content_859865.htm>；人力资源和社会保障部 (2008). 企业职工带薪年休假实施办法（人社部令第 1 号，第三、四、五、十、十一、十二、十五条）. <http://www.gov.cn/gongbao/content/2009/content_1265995.htm>
备注: 累计工作时间要跨单位加起来算，换过工作的别按现单位工龄算。**只有职工「因本人原因且书面提出不休」，单位才可以只支付正常工资**，所以「自愿放弃年休假」的表别签。请事假累计 20 天以上、单位又不扣你工资的，当年不享受年休假。病假超过对应月数的也不享受：工龄不满 10 年是 2 个月，10 到 20 年是 3 个月，20 年以上是 4 个月。探亲假、婚丧假、产假和工伤停工留薪期不计入年休假。
YOUR PRIVATE LIST