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China

Vacation and Leave Policies

Understand the regulations on vacation and other types of leave in China

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Holiday leave

In China, the system for paid vacation leave, also known as annual leave, is primarily outlined within the Regulations on Paid Annual Leave for Employees. The leave entitlement is based on an employee's cumulative work experience.

Entitlement

The amount of paid annual leave is tiered based on years of work experience:

  • 1-10 years of service: 5 working days of leave
  • 10-20 years of service: 10 working days of leave
  • 20+ years of service: 15 working days of leave

Accrual

Vacation leave accrues over time. Employees are not allowed to take all of their leave at the start of their employment period.

Eligibility

All employees who have worked for at least one year are entitled to paid annual leave.

Scheduling

Employers generally determine the timing of annual leave in consultation with employees, considering the operational needs of the company.

Compensation

Employees receive their regular wages during their annual leave period.

Important Considerations

Collective bargaining agreements may provide for more generous vacation leave entitlements than the minimum requirements. Employers are obligated to maintain accurate records of employees' vacation leave accrual and usage.

Public holidays

China celebrates a variety of traditional, political, and modern holidays throughout the year.

Traditional Holidays

  • Chinese New Year (Spring Festival): This is the most significant holiday in China, typically celebrated in January or February based on the lunar calendar. The week-long festival is filled with family reunions, feasts, and traditions.

  • Lantern Festival: This festival is celebrated on the 15th day of the first lunar month, marking the end of Chinese New Year celebrations.

  • Qingming Festival (Tomb-Sweeping Day): This day is dedicated to paying respects to ancestors, usually observed in April.

  • Dragon Boat Festival: This festival commemorates the poet Qu Yuan, typically held in May or June depending on the lunar calendar. The celebrations include dragon boat races and eating Zongzi.

  • Mid-Autumn Festival: This festival celebrates the harvest moon, usually in September or October. Families gather, eat mooncakes, and enjoy the moonlight.

Political Holidays

  • International Labor Day (May 1st): This day honors the contributions of workers.

  • National Day (October 1st): This day commemorates the founding of the People's Republic of China in 1949.

Types of leave

In China, employees are entitled to various types of leave, primarily governed by the Regulations on Paid Annual Vacations for Employees and the Labor Contract Law.

Annual Leave

Employees are entitled to a minimum amount of paid annual leave based on their cumulative work experience. Those with 1-10 years of work experience are entitled to 5 working days per year, those with 10-20 years of work experience get 10 working days per year, and those with 20+ years of work experience are entitled to 15 working days per year. All employees who have completed one year of continuous service are entitled to annual leave. Leave accrues over time, and employees cannot take all their leave at the start of their employment. Employers generally determine the timing of annual leave in consultation with employees, considering operational needs. Employees receive their regular wages during their annual leave period.

Sick Leave

Employees are entitled to paid sick leave with a valid medical certificate. The duration of paid sick leave can vary depending on employment contracts or collective agreements but cannot be less than statutory minimums set by local regulations.

Maternity Leave

Female employees are entitled to a minimum of 14 weeks of maternity leave, with an additional 15 days of prenatal leave before childbirth. Employers cannot terminate an employee's contract during maternity leave.

Paternity Leave

Fathers are entitled to 15 days of paternity leave upon the birth of a child.

Marriage Leave

Employees are typically granted a short leave period (3-7 days) to get married. The duration may vary by region or specific company policy.

Bereavement Leave

Employees may be granted a short leave period for the death of an immediate family member. Specific details may be outlined in a collective agreement or company policy.

Collective Agreements and Local Regulations

Collective bargaining agreements negotiated by employee unions may provide for more generous leave benefits than the minimums outlined in national regulations. Some localities may have additional leave provisions beyond national requirements. Employers are obligated to maintain accurate records of employees' leave accrual and usage.

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