A Study Of Chinese Paid Annual Leave System

The right of rest is an important part of labor rights, and paid annual leave is the main form of laborer’s right of rest. Paid annual leave system is one of the specific measures for respecting and protecting human rights stipulated by China ’ s constitution. In recent years, a series of laws and regulations on paid annual leave system have been issued as the tourist market increasingly stimulated economic growth, and the Premier of the State Council has mentioned to put paid annual leave systems into practice on different occasions. As a result, paid annual leave system came into view again and aroused high social concern. So, the problems arising from the implementation process and legal loopholes of paid annual leave system are pressed for clarification. On this basis, the author combs Chinese paid annual leave systems systematically in the hope of making a little contribution to the development and perfection.Worldwide emergence of the paid annual leave system is closely related to the booming labor movement. As the development of capitalist economy, legislative stipulations for worker’s vacation systems have been gradually perfected. In the 1970 s, paid annual leave system was established in the capitalist world. But Chinese paid annual leave system had a late start, clause 43 of Constitution explicitly puts forward stipulating staff vacation systems and establishing supporting facilities for staff rest, it is the first concept of vacation system raised in new China. Along with economic development and legislative perfection, paid annual leave system has been officially established and implemented as per Regulations on Staff Paid Annual Leave(hereinafter referred to as Regulations) executed as of January 1, 2008 and Measures for the Implementation of Staff Paid Annual Leave(hereinafter referred to as Measures) executed as of September 18, 2008. Being main legal grounds for the adjustment of laborers’ paid annual level system, Regulations and Measures specify contents, implementary measures and legal liabilities of paid annual leave system and symbolize the formal establishment of paid annual leave system in our country.The reason why paid annual leave system has worldwide expanded and been gradually perfected since the 20 th century is that the working class’ s consciousness of right emerged and the capitalist government fully realized the effect of paid annual leave system. As for our country, paid annual leave system embodies the protection of laborer’s human rights and facilitates the construction of a harmonious society, it is an important source of social and economic development and an important safeguard for improving enterprise competitiveness and standardizing labor power employment.Whereas Chinese paid annual leave system has a late start and needs to be perfected, many problems and conflicts exist in the implementation process. According to personal experience in judicial work, the author summarizes practical problems to be solved in the legal level: whether it should be deemed as a waiver in the event that laborers file no application for paid annual leave; how dispatched laborers enjoy paid annual leave, and so on. There are still many problems existing in the implementation process: employers fail to enforce paid annual leave system according to law, the compensation of three times of daily pay is uncommitted for unfulfilled paid annual leave, laborers are confined to the understanding of paid annual leave system, and so on, these urgent problems obstruct the progress and development of Chinese paid annual leave systems.Through the discussion about the above-mentioned problems, the author discovers roots and forms, compares paid annual leave systems of developed capitalist countries and absorbs the quintessence, and proposes suggestions for perfection of paid annual leave systems combined with actual situations in our country.