Employee Paid Annual Leave Regulation
1. Preamble
The Employees’ Paid Annual Leave Regulation is promulgated to implement the relevant law implementation regulations and guarantee the legitimate rights and interests of employees.
2. Scope of Application
This Regulation applies to all employees and labor dispatchers as well as enterprises, public institutions and other organizations that have established labor relations. For employees who have concluded special labor contracts and have mutually agreed with their employers, the provisions of the special labor contracts shall prevail.
3. Rights and Obligations
(1). Employees and labor dispatchers shall be entitled to statutory paid annual leave, and employers shall guarantee the right of employees and labor dispatchers to annual leave, but the actual realization of the right must be performed in accordance with the provisions of this Regulation.
(2). Employees and labor dispatchers shall apply for annual leave according to the requirements of their employers, and employers shall approve the annual leave applications in a timely manner and ensure the annual leave rights of employees and labor dispatchers.
(3). If the annual leave of employees and labor dispatchers is interfered due to shortage of manpower or work needs, the employers shall arrange for replacement staff in a timely manner and ensure that the annual leave of the employees and labor dispatchers shall not be affected.
(4). Employees and labor dispatchers shall complete the renewal and extension of labor contracts in accordance with the provisions of law, and the renewal of labor contracts and the accumulation of annual leave shall be calculated from the date of the original labor contract.
(5). If an employee or a labor dispatcher contracts medical conditions or is injured during the period of the service, the employer shall pay his/her annual leave in advance or postpone it in accordance with the regulations and corresponding regulations of relevant departments.
4. Calculation of Annual Leave
(1). Employees and labor dispatchers that have accumulated five years of service shall be entitled to annual leave of fifteen days; employees and labor dispatchers that have accumulated more than ten years of service shall be entitled to annual leave of twenty days.
(2). Employees and labor dispatchers who have worked for more than one year but less than five years shall be entitled to annual leave based on the formula of one day of annual leave for every two-months of service.
(3). The employer shall pay employees and labor dispatchers their average salary of the last three months during their annual leave.
5. Forfeiture of Annual Leave
If an employee or a labor dispatcher transfers to a new employer before the end of the year, he/she shall not be entitled to the annual leave for this year.
6. Penalties
The employer shall be liable to a fine or a warning by the relevant administrative department if he/she fails to fulfill his/her obligations regarding the annual leave of employees and labor dispatchers. In serious cases, the employer shall be subject to punishment according to the Penal Code.
7. Miscellaneous
These Regulations replace the former version of the Employees’ Paid Annual Leave Regulation promulgated in 2002 (Decree No. 17).
8. Effective Date
These Regulations shall enter into force on the date of promulgation.
