The System Of Annual Vacation With Pay Research In China

Annual vacation with pay refers that the workers who work for a certain years could have the right to reserve the position and continuous leave.It is also one of the important rights of workers.Annual vacation with pay,as an advanced form of vacation,it can not only guarantee the basic rights of workers,but also can promote the development of social economy and tourism,and the effective implementation system of annual vacation with pay also can promote the effective management of the enterprise.The regulation of our country about the system of annual vacation with pay is reflected in the Workers Paid Annual Leave Regulations and the Measures for the Implementation of the Company Workers of Annual Vacation Pay Provisions.The existing regulation has some certain drawbacks,it causes a lot of problems when implemented this system,thus,it can't realize the legislative purpose of this system.Therefore,it is necessary to have a systematic research to our annual vacation with pay system,and improve this system scientifically.This paper adopted the historical analysis,empirical analysis and comparative analysis.By reviewing the development history of the holiday system in China,as well as the origin of annual vacation with pay,referring to the annual vacation with pay since the reform and opening up and the relevant provisions of the literature,we summarized the rule of emergence and development about the system of annual vacation with pay.Finding out the encountered obstacles and related issues when carried out this system,by implementing and executing it,analyzing the existing problems in-depth,and putting forward some solutions to it.We can draw lessons from foreign suitable for our country to perfect our system of annual vacation with pay,by comparing the relevant provisions in the representative countries with the related provisions at the present stage in our country.The theory of the system of annual vacation with pay is defined in this paper,it expounds the concept,legal nature and legal value of annual vacation with pay.Combed the legislation system of annual vacation with pay in the extraterritorial representative countries.Analyzed the actual legislative state of system of annual vacation with pay in our country,found out the existing problems,such as,the applicable scope is limited,the working years is fuzzily identified,the annual leave of labor dispatch staff is fuzzy,the imperfect remedy mechanism.We need to perfect this system.In this paper,it suggests that the part-time workers should be given the allowance of annual vacation with pay in our country's legislation.Increase the regulation of the non-fixed working time workers' annual vacation with pay.Increase special rules of annual vacation with pay for the special groups(women and minors).Refine the continuous working time in our country.Comprehend the labor dispatch staff's annual vacation with pay.Confirm the nature of compensation of the one who does not take annual leave.