The 25 -type holidays summarized in this article are as follows:
1. Resting day 2. Legal holidays 3. Partial holidays 4. Destructive leave 5. Disease leave 6. Wedding leave 7. Maternity leave 8. Pre -birth leave 9. Nursing leave 10. Pre -pregnancy examination leave 11. Breastfeeding leave 12. Dysmenorrhea leave 13. 13.Bare leave 14. Breastfeeding leave 15. Funeral leave 16. Annual vacation 17. Injury leave 18. Detective leave 19. Social activity leave 20. Harvest harvest festival 22. Business holidayFemale care leave 25. Parenting leave
off day
Under normal circumstances, Saturday and Sunday are daily rest days, no salary on Sunday, 104 days throughout the year.
Article 44 of the "Labor Law of the People’s Republic of China" stipulates that the work of the work that workers cannot work on a rest day cannot arrange for the rest, and pay a salary of not less than the salary of not less than the salary.
The provisions of Article 7 of the State Council’s State Council’s Working Time (Order No. 146, May 01, 1995), state organs and institutions implement a unified working time on Saturday and Sunday.Enterprises and public institutions that cannot implement the unified working hours specified in the preceding paragraph can be flexibly arranged for the weekly rest day according to the actual situation.
According to the first question of the "State Council’s Regulations on the Working Hay of Employees" (Ministry of Labor issued [1995] No. 187), the conditions for enterprises should work as much as possible to work 8 hours a day and work 40 hours a week.system.If some enterprises cannot implement the standard working hours system due to the nature and production characteristics, the implementation of the "Regulations" and the Labor Law should be combined to ensure that the employees work for no more than 40 hours per week, and rest for at least 1 day a week.Therefore, some companies have allocated 40 hours in 6 days, and it is legal to rest for 1 day.
Legal holiday
National statutory holidays have a total of 11 days.That is, New Year’s Day, 1 day of holiday (January 1); 2. Spring Festival, three days of holiday (the first, second, third, and third day of the first lunar month); 3. Qingming Festival, 1 day of holiday (day of the Qingming Ming Dynasty); 4, Labor Day, 1 day of holiday (May 1st); 5. Dragon Boat Festival, 1 day of holiday (day of the Dragon Boat Festival of the lunar calendar); 6. Mid -Autumn Festival, 1 day of holidays (day of the Mid -Autumn Festival in the lunar calendar); 7. National Day(October 1st, 2nd, 3rd).
According to Article 44 of the Labor Law of the People’s Republic of China, if workers work on a statutory holiday on a legal holiday, pay a salary of 300 percent of the salary.
Partial holiday
Some citizens’ holiday festivals and anniversary are: 1. Women’s Day (March 8), women’s holidays for half a day; 2. Youth Festival (May 4), young people over the age of 14 for half a day; 3. Children’s Day (Children’s Day (Children’s Day (Children’s Day (June 1), a child under 14 years of age for one day on vacation; 4. Memorial Day (August 1) of the Chinese People’s Liberation Army (August 1), the active soldiers took half a day for half a day.
"Measures for the National New Year and Memorial Day holidays of the State Council": Some citizens holiday holidays, if coincided with Saturday and Sunday, do not make fakes.Note that if some citizens do not have a rest day for holidays, and employers require workers to work normally, the unit does not need to pay overtime pay.
Leave
The number of days of leave is determined by the employer by formulating rules and regulations.Disposa is unpaid, but if the employer has provided that the salary can be paid, it is stipulated.For example, Article 26 of the "Jiangsu Provincial Wage Payment Regulations" stipulates that if a worker has one of the following circumstances, the employer may not pay the salary during the period: (1) during the holiday period …
It should be noted that some employers do not deduct the salary of workers during their holidays. In this case, if the employer pays wages and leave for 20 days, the workers will no longer enjoy the annual leave of the year.According to Article 4 of the "Regulations on the annual vacation of employees", employees have one of the following circumstances, and they do not enjoy the annual leave of the year: … (2) Employees for leave for more than 20 days and units do not deduct their wages in accordance with regulations …Mowing
Disease leave (disease or non -industrial injury medical period)
According to Article 59 of the "Opinions on the Implementation of the" Labor Law of the People’s Republic of China "(Opinions of the Labor Law of the People’s Republic of China" (Labor Ministry [1995] No. 309), it stipulates that employees’ illness or non -injuries during work injuries during the prescribed medical period during the prescribed medical periodInternal enterprises pay their leave salary or disease relief fees in accordance with relevant regulations. The salary or disease relief fee of the disease and leave can be paid lower than the local minimum wage standard, but it cannot be lower than the minimum wage standard of 80 %.
The number of days on disease leave (disease or non -work injury) is 3 months, 6 months, 9 months, 12 months, and 24 months (special circumstances can be extended).According to Article 3 in accordance with the "Provisions on the Critical Cause of Enterprise Employees or the Medical Period of Injury Injury", when the employees of the enterprise are ill or injured due to work, they need to stop working medical care.Medical period from three to twenty -four months: (1) For actual working years of less than ten years, the working years of the unit are less than five years for three months, and more than five years are six months.(2) If the actual working life is more than ten years, it is six months for the working years of less than five years, the nine months of more than five years, or less than ten years.It is eighteen months for more than fifteen years and two decades, and twenty -four months for 20 years.Article 4, the three months of the medical period is calculated at six months of cumulative sick breaks within six months, six months are calculated based on the cumulative treatment time within twelve months, and the cumulative treatment time is calculated in nine months.Twelve months are calculated based on the cumulative treatment time of the disease within eighteen months, the eighteen months are calculated based on the cumulative treatment time within 24 months, and the cumulative treatment time is calculated within 30 months.
The former Labor Ministry of Labor’s notice on implementing the "Regulations on the Medical Period of Enterprise Employees or Non -injured Injury" (Ministry of Labor issued [1995] No. 236) stipulated that the medical period of special diseases: According to the current actual situation, according to the actual situation, according to the actual situation, according to the actual situation,For some employees who have special diseases (such as cancer, mental illness, paralysis, etc.), if they cannot be cured within 24 months, they can be appropriately extended the medical period with the approval of the competent department of the enterprise and labor.
Wedding leave
The "Notice of the State Administration of Labor and the Ministry of Finance on the issues of funeral leave and road fake issues on employees of state -owned enterprises" stipulates: 1. When the employee’s own marriage or employee’s direct relatives (parents, spouses, and children) can beThe administrative leadership of the unit approves to give a marriage funeral leave for one to three days as appropriate.Third, the salary of employees during the approved marriage funeral leave and road leave.All the fares on the way are taken care of by the employees.
Article 51 of the Labor Law stipulates that the employer shall pay wages in accordance with the law during the legal holidays and marriage and funeral vacations and during the period of marriage and funeral vacation.
It should be noted that the number of marriage leaves in various places must follow local regulations.According to the population and family planning regulations in various places, marriage leave will often extend a certain period on the basis of enjoying the national regulations, so the longest marriage leave has reached 30 days (Gansu and Shanxi).Paying wages during marriage will not affect welfare benefits.
Maternity leave
The number of maternity leave is: 98 days+the number of rewards in various places.
The International Labor Organization has the regulations on the convention of "women must enjoy maternity leave with no less than 14 weeks", 14 weeks and 98 days.
According to Article 7 of the "Special Provisions of Women’s Workers’ Labor Protection": Female employees can enjoy 98 days of maternity leave, of which 15 days can be taken on vacation;, Increasing maternity leave for 15 days.If the female employee has a miscarriage of less than 4 months, he will enjoy 15 -day maternity leave; if you have a miscarriage for 4 months, you can enjoy 42 days of maternity leave.
In addition, in accordance with Article 25 of the Population and Family Planning Law, couples who comply with laws and regulations can get rewards or other benefits of extended fertility leave or other benefits.After the third -child policy, the provinces (autonomous regions, municipalities) have revised the regulations and family planning regulations in the region. Most areas have increased the efforts of extended maternity leave days.Tianjin, Liaoning, Anhui, Sichuan, Xinjiang, etc.Jiangsu has been extended for 30 days, Guangdong and Chongqing increased for 80 days, Jiangxi and Qinghai increased for 90 days, Hainan and Henan extended for 3 months, and Jilin and Tibet could even extend to one year.Heilongjiang and Gansu directly stipulate that the number of maternity leave days is 180 days.In addition, the number of maternity leave days of two children and three children has been increased. For example, Zhejiang ’s one -child extended 60 days of maternity leave, and two children and three children were extended for 90 days.
Prenatal leave
Article 11 of the "Special Regulations for Labor Protection of Female Workers in Jiangsu Province" stipulates that the employer shall be given the following protection of female employees during pregnancy: (3) If prenatal inspection is performed within labor time, the time required is included in the labor time; (5)If it is more than 7 months pregnant and it is difficult to go to work, it shall be arranged to rest according to the certification of the medical institution.In the fifth situation, the salary during the rest period shall be paid in accordance with the labor contract or the collective contract, but it shall not be lower than the 80%of the local minimum wage standard.After the female employee is pregnant, after she applies, the employer agrees to arrange for their rest during pregnancy. The salary during the rest shall be determined by the two parties, and the labor contract or collective contract shall be agreed.
Note that the premise of the premise of the female employee before seven months of pregnancy (including seven months) is the approved by the unit, not for compulsory regulations.
Nursing leave (man)
Of the 31 provinces (autonomous regions and municipalities) across the country, they all stipulate the man’s nursing leave or accompanying maternity leave (Fujian claims to take care of the treatment leave).
According to the regulations on the population and family planning of various places, the accompanying leave is basically ranging from 7 days to 30 days.God, in Inner Mongolia, Guangxi, Ningxia Hui Autonomous Region for 25 days, Yunnan, Jiangxi, Tibet, Gansu is 30 days, Henan is 1 month, while Shandong is only 7 days.
Preparation of prenatal examination leave during pregnancy
Article 6 of the "Special Regulations for Women’s Workers’ Labor Protection" stipulates that pre -delivery inspections of pregnant female employees will be included in the labor time during labor time.
Breastfeeding
Article 9 of the "Special Regulations for Labor Protection of Female Workers" stipulates that the employer shall arrange 1 hour breastfeeding time for breastfeeding female employees within the daily labor time; if female employees have multiple births, 1 baby will increase 1 babies per day per day.Hill breastfeeding time.
Dysmenorrhea
In 1993, the "Provisions on the Health Work of Female Workers" jointly promulgated by the former Ministry of Health and the National Federation of Trade Unions, including the Female Workers’ Healthcare Works, has pointed out that female employees who have severe dysmenorrhea and have more menstruation have been diagnosed by medical or maternal and child health care institutions.A vacation of 1 to 2 days can be given appropriately.At present, more than 10 provinces including Beijing, Henan, Shaanxi, Zhejiang, Jiangsu, Liaoning, etc. have specified the rights and interests of female workers in local regulations.
Fetal leave
The former State General Administration of Labor and Welfare of the Insurance Welfare of the State Administration of Labor "Regarding the treatment of female employees’ fetal rest and sick leave after more than six months of childbirth, re -letter to the Shanghai Labor Bureau (Labor Crimson Tzu [1982] No. 2) pointed out" Female WorkersAccording to family planning and pregnancy, if the doctor’s certificate is issued, the time to protect the fetus, the time to protect the fetus shall be handled in accordance with the provisions of the disease treatment implemented by the unit. "Salary salary standards are issued.
At the local level, such as Guangdong, Jiangsu, Liaoning and other places stipulate "fetal leave".Article 10 of the Measures for the implementation of the "Special Regulations for Labor Protection of Women’s Workers" in Guangdong Province stipulates: "During the pregnancy of female employees, employers shall comply with the following provisions: (2) Female employees need to be diagnosed with medical institutions.For rest, the time to protect the fetus is treated according to sick leave. "" Special Regulations for the Special Regulations for the Protection of Female Workers in Jiangsu Province "stipulates that if you have less than 3 months of pregnancy, you need to keep your fetal rest.Prove that it is arranged for rest.Article 7 of the "Labor Protection Measures for Women’s Workers in Liaoning Province" stipulates: Female employees have symptoms of threatened abortion or a history of habitual abortion. If I propose to protect their abortion, the employer shall be in accordance with the diagnosis of medical institutions or maternal and child health institutions and the actual situation of the unit.Proper arrangement.
Confession leave
Saturch leave refers to: holidays enjoyed by those who voluntarily implement health measures.According to the provisions of Article 19 and 20 of the "Population and Family Planning Law of the People’s Republic of China", the state creates conditions to ensure that citizens’ knowledge chooses safe, effective, and appropriate contraceptive nursery measures.The implementation of contraceptive breeding surgery should ensure the safety of the subject.Choose planning and contraceptive measures for childbearing age couples.
Funeral leave
The "Notice of the State Administration of Labor and the Ministry of Finance on the issues of funeral leave and road fake issues on employees of state -owned enterprises" stipulates: 1. When the employee’s own marriage or employee’s direct relatives (parents, spouses, and children) can beThe administrative leadership of the unit approves to give a marriage funeral leave for one to three days as appropriate.3. During the approved marriage funeral leave and road leave, the salary of employees is paid.The fare on the way, all of which are taken care of by employees.
Article 51 of the Labor Law stipulates that the employer shall pay wages in accordance with the law during the legal holidays and marriage and funeral vacations and during the period of marriage and funeral vacation.
Therefore, the number of funeral leaves in practical operations is basically 3 days, and excluding national statutory holidays and wages and benefits during the holidays.
Annual vacation
Article 2 of the "Regulations on Employees Parallel annual vacation" stipulates that employees of institutions, groups, enterprises, institutions, private non -enterprise units, individual industrial and commercial households with employees, and other units have been working for more than 1 year in a row to enjoy the annual leave of paid annual leave (The following is referred to as the annual vacation).The unit shall ensure that employees enjoy annual leave.Employees enjoy the same salary income during the annual vacation.Article 3 stipulates that the accumulated work of employees has been less than 1 year and less than 10 years, and the annual vacation is 5 days; if it has been 10 years and less than 20 years, the annual vacation is 10 days; if it has been 20 years, the annual vacation is 15 days.National statutory holidays and rest days are not included in the annual vacation vacation.Article 4 stipulates that if employees have one of the following situations, they do not enjoy the annual leave of that year: (1) Employees enjoy cold and summer vacation according to law, and their vacation days are more than the number of annual leave days;If the unit does not deduct wages in accordance with regulations; (3) employees who have accumulated for a total of 1 year and less than 10 years, ask for the cumulative sick leave for more than 2 months;More than 20 years of work for more than 20 years, (5) For more than 4 months of sick leave for more than 20 years.Article 5 stipulates that according to the specific situation of production and work, and considering the wishes of employees, the unit will make overall arrangements for employees to take annual leave.Annual leave can be arranged or segmented in one year, or segmented arrangements, generally do not arrange the annual arrangements.If the characteristics of production and work are indeed necessary to arrange an annual vacation of employees during the year, it can be arranged across one annual arrangement.If the unit does not arrange the employee for a holiday due to work needs, the employee may not arrange for employees to leave for a vacation.For employees, the number of annual leave days should be expected, and the unit shall pay the annual vacation salary for 300%of the employee’s daily salary income.
It should be noted that the cumulative working life of the workers should include but not limited to the working period of the current inauguration.
Work injury leave (stop work and leave leave leave)
Article 33 of the "Regulations on Work Injury Insurance" stipulates that if an employee suffers from accident injuries or needs to be suspended from work injury medical care for work injury, the original salary and welfare benefits remain unchanged during the suspension period of salary and will be paid by the unit monthly.The period of stopping the work is generally not more than 12 months.The injury is serious or the situation is special. The municipal labor ability appraisal committee of the district is confirmed that it can be extended appropriately, but the extension must not exceed 12 months.After assessing the disability level of work injury employees, the original treatment is suspended, and the disability treatment is enjoyed in accordance with the relevant provisions of this chapter.If the employee of the work injury still needs to be treated after the expiry of the salaries, it will continue to enjoy the treatment of work injury medical treatment.If a working injury employee who cannot take care of himself needs to be cared at the stoppage period, it is responsible for the unit.
Visit relative leave
The "State Council’s Regulations on Employees Viewing Freedom Treatment" stipulates that if employees visit their spouses, they will be given one party to visit relatives once a year. The holidays are 30 days; unmarried employees visit their parents once a year, and the holidays are 20 days.If the unit cannot give a holiday at that time, or the employee voluntarily visit relatives for two years, it can be given every two years and the holiday is 45 days. If the married employee visits his parents, it will give a vacation every four years with a holiday for 20 days.In addition, seal leave according to actual needs.The above holidays include public holidays and legal festivals.Any employee (such as school faculty) who implement the vacation system should visit relatives during vacation; if the vacation is short, the unit can be appropriately arranged to make up for the number of days of visiting relatives.
Road leave
The "Notice of the State Administration of Labor and the Ministry of Finance on the issues of funeral leave and road leave of state -owned enterprises" stipulates that 3. During the approved marriage funeral leave and road leave, employees’ salary is issued.The fare on the way, all of which are taken care of by employees.
If you are vacated by relatives, in accordance with Article 6 of the "Detective Treatment Regulations", the round -trip tolls of employees to visit their spouses and unmarried employees to visit their parents shall be borne by the unit.The round -trip toll of the married employees to visit the parents of the parents is within 30%of my monthly standard salary, and it will be borne by themselves, and the part is borne by the unit.
Social activities
Article 40 of the Trade Union Law stipulates that non -dedicated members of the grass -roots trade unions occupy production or work hours to participate in the meeting or engage in trade union workers. They do not exceed three working days a month, their salary is issued, and other benefits are not affected.
Chinese Farmers Harvest Festival
On June 21, 2018, with the approval of the Party Central Committee and the approved by the State Council, since 2018, it will be set up to the "Chinese Farmers Harvest Festival" every year.The first and second "Chinese Farmers’ Harvest Festival" date is September 23, 2018, and September 23, 2019.
Class A infectious disease
In 2003, during the SARS "SARS", he took the lives of 919 people.This "atypical pneumonia" left an indelible "atypical memory" in people’s hearts.Since the end of 2019, pneumonia infected by the new coronal virus has been raging into the world. This time, the damage is quite huge. As of 9:00 on January 27, 2021, the number of new crowns in the world has exceeded 100 million, the number of deaths exceeds 2 million, and it is still spreading to this day.
The General Office of the Ministry of Human Resources and Social Security "Notice on the Proper to deal with the problem of labor relationship during the prevention and control of pneumonia infected by new coronary virus infection" (Article 1 of the Human Resources Hall [2020] No. 5) stipulates: "Infection of new coronary virus infectionsPatients with pneumonia, suspected patients, and close contacts During their isolation treatment or during medical observation, as well as corporate employees who cannot provide normal labor due to the government’s implementation of isolation measures or take other emergency measures, enterprises shall pay employees’ work remuneration during this period."The seven departments such as the Ministry of Human Resources and Social Security, the Supreme People’s Court and other seven departments" Opinions on the Proper to deal with issues related to the labor relationship involved in epidemic "(Ministry of Human Resources and Social Security [2020] No. 17) stipulates:"The government has adopted emergency measures such as suspension of work and suspension, blocking the epidemic area, etc., causing the enterprise to delay the resumption of work or the workers cannot return to the job, and distinguish between different situations. … Third, the company’s failure to resume or the enterprise resumes the workThose who provide normal labor through other ways, the enterprise shall negotiate with the workers with reference to the state’s relevant provisions of the salary payment during the suspension of labor and suspension. If the salary payment cycle shall be paid in accordance with the standards stipulated in the labor contract;The living expenses are issued, and the standard of living expenses shall be implemented in accordance with relevant local regulations. "
The only child and daughter care leave
In local policies, some provinces, municipalities, and districts make similar regulations: elderly people who enjoy the treatment of only children of children, during the treatment of illness and hospitalization, employers should support their children for care, and give 5-20 days a year for 5-20 days per year.Nursing time.
It is reported that Fujian, Guangxi, Hainan, Hubei, Hubei, Heilongjiang, Huai’an, Guangzhou, Chongqing, Sichuan, Hebei, Shanxi, Beijing, Henan, Ningxia, Inner Mongolia, Yunnan, Guizhou, Xi’an, Nanjing and other places introduced "only child care leave"Related specific regulations.
The nursing time of various places is usually about 15 days. Henan stipulates that the only child is not less than 20 days each year, and Heilongjiang stipulates that the only child will accumulate 20 days a year.
In order to better protect the rights and interests of the elderly, Sichuan, Heilongjiang, Ningxia, Yunnan and other places also stipulate that non-independent children can also bring paid care, 7-10 days.
Each province stipulates that children with paid care must meet the conditions of "the elderly’s sick hospitalization".Among them, Sichuan and other provinces have strict regulations, and the conditions for "the elderly cannot take care of themselves during the hospitalization of the elderly". Chongqing also stipulates that "the elderly are hospitalized for hospitalization and require the second level of care."
Fujian, as the earliest provinces that include paid care in regulations, have been implemented since March 1, 2017.
Parenting leave
Population and Family Planning Law of the People’s Republic of China (full text, 2021 correction)
On August 20, 2021, the 30th meeting of the Standing Committee of the Thirteenth National People’s Congress approved the "Decision on Modifying the" Population and Family Planning Law of the People’s Republic of China "," Decision of the People’s Republic of China "," The Population and Family Planning Law of the People’s Republic of ChinaArticle 25, paragraph 2 stipulates that the state supports conditions for conditions to set up parental childcare leave.Unfortunately, it is just encouraging terms, and there is no specified number of days.
Since September 2021, more than 20 provinces have revised the regulations on population and family planning.For example, the "Sichuan Provincial Population and Family Planning Regulations" stipulates that "couples under the age of three years of age, and enjoy the accumulated ten -day parenting leave each year, and childcare leave is considered attendance."It stipulates that "parents of infants and young children under the age of three enjoy ten days of parenting leave each year."The "Jiangxi Provincial Population and Family Planning Regulations" stipulates that "during the age of three years of age, the couple will be given a childbirth leave each year each year."Article 24 of the "Regulations on the Population and Family Planning of Jiangsu Province" stipulates that the implementation of the parental childcare system is promoted.The specific implementation methods for parenting leave are formulated by the Provincial People’s Government.Article 25 of the "Population and Family Planning Regulations of Shanxi Province" stipulates that those who comply with the provisions of these regulations and be less than three years old, the units where the husband and wife are located will give the childcare leave for fifteen days each year, respectively.During the childcare holiday, you can enjoy the same treatment as the person in the job.
