Study On The Perfection Of Holiday Entitlement System For Workers In China

The holiday entitlement is the free time at the disposal of the worker according to law.After working for a period of time,workers can maintain their physical health,improve work efficiency and enrich their spiritual and cultural life after continuous consumption of physical and mental strength.The holiday entitlement of workers is an important part of the labor law,and it has always been a subject that has received widespread attention.In recent years,many workers have lost their right to enjoy the holiday entitlement,and the implementation of holiday entitlement cannot meet people’s increasing demands for healthy and comprehensive development.In order to explore the feasible suggestions for implementing the right,this paper takes the labor holiday entitlement as the research content and analyzes the current problems.First of all,starting from the concept of workers,this study defines the concept,content and value of workers’ holiday entitlement.It is clarified that a worker refers to a natural person who has established a labor relationship with an employer,and it is also clarified that the worker’s right to leave is the statutory paid vacation enjoyed by the worker after continuing to work,including paid annual leave,sickness and medical treatment period,family leave,maternity leave and Marriage and funeral leave,etc.Implementing the right of holiday entitlement is conducive to promoting the health and all-round development of workers,improving work efficiency,output and economic development,as well as building harmonious labor relations and social stability.Secondly,it points out the main problems existing at present by combing the implementation status of workers’ holiday entitlement.First,the concept,type or scope of the right of holiday entitlement is not clearly defined,namely,the definition of the concept of "one year of continuous work" in annual leave;the definition of the type of special illness medical period in the medical period for sickness and injury;the definition of the scope of application in home leave.Second,the time limit arrangement of holiday entitlement is not scientific,namely,the annual leave is less and the distance between different vacation nodes is longer;the period of medical treatment for diseases and injuries is too long,and the calculation basis and accumulated period are unreasonable;the premise of home leave is difficult to define,the vacation is too long and the way of dealing with other vacations is not stipulated.Third,the economic benefits enjoyed during vacation rights are not perfect,namely,the nature of the economic remuneration for untaken annual leave is unknown;the minimum standard of economic treatment during the medical treatment period for sickness and injury is abused,and the employer is the only payment subject;the travel expense reimbursement,calculation standard and untaken compensation of the home leave system are unknown.Fourth,the responsibility distribution and supervision of vacation right are not standard,namely,the responsibilities of employers in the implementation of annual leave are not differentiated and the administrative departments of annual leave supervision is not in place;the procedure rules of medical treatment period of illness and injury are not clear and the responsibility distribution of workers and employing units is not standardized;the home leave is lack of incomplete punitive provisions to the employer to fulfill the responsibility,the restriction to the employee to exercise the right to visit relatives and the relief way when the right to visit relatives is damaged.Finally,in view of the specific problems in the implementation of the above-mentioned leave rights,this paper puts forward the following feasible suggestions.First,clearly define the concept,type or scope of leave entitlement,including the concept of "working continuously for one year" in the annual leave system;the types of medical treatment periods for special diseases;the applicable subject and object of home leave.The second is to scientifically arrange the duration of holiday entitlement rights,namely increasing the duration of annual leave and shortening the period between nodes of annual leave;Appropriately reducing the duration of the medical treatment period,the medical treatment period should increase with the working years of the employee,and the principle of the cumulative period of the medical treatment period shall be abolished.The third is to optimize the economic benefits during holiday entitlement vacation.It is clear that the nature of the economic remuneration for untaken annual leave is "the theory of punishment and compensation";it is added that one’s own salary income is one of the calculation bases for the salary treatment during the medical period,and the social security department is added as one of the payment subjects of the economic treatment during the medical period.Moreover,abolish the travel expense reimbursement clause for family visit leave,reasonably set the calculation standard of vacation wages,and supplement the non-leave compensation for family visit leave.Fourth,standardize the distribution of responsibilities and supervision of leave rights,namely,distinguishing the different responsibilities of employers in implementing annual leave,and refine the administrative department’s supervisory responsibility for annual leave;establishing relatively standardized medical period application and approval procedures and clarify the obligations of employees and employers in the implementation of medical period;increasing the punitive clauses for the incomplete performance of the responsibility of the employer by the family visit leave,the restriction on the employee’s exercise of the right to visit relatives,and the remedies when the right to visit relatives is impaired.