CAO Yan

 

Abstract：In the Employment Conditions Database of the International Labour Organization, the consensuses reached by regulations and laws of 156 countries on paid annual leave are as follows: the labourer working for 1 year continuously may enjoy at least two weeks of annual leave per year; the annual leave can be enjoyed together with other leaves other than statutory leaves. To limit the employers’ dominant right in annual leave arrangement, it is strictly restricted to take annual leave in a split or accumulated manner. It is allowed to pay salary in lieu of the paid annual leave, and the employers are required to pay the labourer salaries of the annual leave before the labourer takes annual leave. Emphasis shall be placed on the special guarantee provided for the young and female labourers, which is generally reflected in additional annual leave or other leaves. Facing the increasing economic downturn pressures, China should gradually dilute the labour compensation property and give full play to the system function of cultivating the labour and balancing the work and family in making legislation for annual leave, so as to ensure an effective paid annual leave system for the labourers and effectively improve the annual leave utilization rate.

 

Key words：paid annual leave; right protection; labor standards in the global prospective; system selection