The Jiangsu Higher People's Court issued guidance on several issues concerning the trial of disputes arising from paid annual leave. The move is meant to fully implement the paid annual leave system, protect the rights of workers to take rest and vacation, and promote the long-term development of enterprises, and correctly handle disputes over annual leave in accordance with the "Labor Contract Law of the People's Republic of China" and other relevant regulations.
According to the guidance, if the laborer and the employer have disputes over the payment of the annual leave pay, the people's court shall accept the case.
In the case of three-time salary of the annual leave compensation that the public is concerned about, the guidance stipulates that if the employer does not arrange annual leave and the laborer claims to have 300% of his daily wage income to compensate the annual leave pay, the court will support the claim.
The daily wage income of the annual leave pay is calculated by dividing the employee’s monthly salary by the monthly salary, according to the guidance.
The monthly salary refers to the monthly average salary of the employee during the year when vacation is made, including wages, allowances and other wage income, but does not include overtime pay, the guidance say.
If the employer and the employee have agreed on the calculation standard for the salary of the annual leave, they should follow the agreement, but the agreement should not be lower than the daily wage income, the guidance said.
In the case where the employer has arranged annual leave and can prove that the laborer does not make the paid leave for personal reasons but requests to have the annual leave salary difference, the court will not support the claim, according to the guidance.
（source：ourjiangsu.com）
