According to the provisions of China's labor law, the state implements the paid annual leave system and promulgated the Regulations on Paid Annual Leave for Employees. In the first half of this year, Hunan, Lanzhou, Gansu, Harbin, Heilongjiang and other places have also issued detailed rules for the implementation of paid leave for staff of government agencies and institutions. However, a recent survey in Ministry of Human Resources and Social Security shows that the implementation rate of paid vacation is only 50%.
The Regulations on Paid Annual Leave for Employees has been implemented for more than seven years since 2008. The implementation of paid annual leave is mainly concentrated in party and government organs, institutions, large state-owned enterprises and foreign-funded enterprises, and some private enterprises and small and medium-sized enterprises are relatively poor.
What about paid vacation?
In June, the "Implementation Opinions on Implementing the National Tourism and Leisure Program in Beijing (20 13-2020)" was released, which aroused widespread concern. The opinion puts forward that in 2020, the paid vacation system for employees in the city will be basically implemented, and a modern tourism and leisure system suitable for a well-off society will be basically built. The opinions are clear, and organs, organizations, enterprises and institutions are encouraged to guide employees to flexibly arrange annual leave time, effectively protect employees' tourism and leisure rights, strengthen supervision and inspection on the implementation of paid annual leave, and provide legal aid for employees to safeguard their rest rights and interests.
Previously, some local governments have also published opinions or detailed rules for the implementation of paid vacations in institutions and institutions. For example, at the beginning of April, Harbin issued the "Implementation Opinions on Paid Annual Leave for Staff of Harbin Institutions and Institutions"; On May 4th, the People's Social Security Bureau of Lanzhou City, Gansu Province issued the "Implementation Measures for Fully Implementing the Paid Annual Leave System for Staff in Government Offices and Institutions"; On May 25th, the General Office of Hunan Provincial Government issued the Detailed Rules for the Implementation of Paid Annual Leave for Staff of Institutions in Hunan Province.
Liu Junhai, a member of the Legal Advisory Committee of the All-China Federation of Trade Unions and a professor at the Law School of Renmin University of China, said, "Implementing the paid vacation system is conducive to stimulating consumption, promoting the development of the service industry and promoting economic transformation under the new normal."
It is still too early to say that the paid vacation system will immediately benefit the tourism industry, but it can obviously alleviate some social pressures and security risks caused by the excessive concentration of tourists during the Golden Week, such as scenic spots, hotels, transportation and other issues will be greatly improved. Furthermore, the composition of tourists will gradually transition from the original group tour and official tour to free travel and self-help tour. What followed was the adjustment of the corresponding product composition and enterprise service model.
"It will also bring many changes to online and offline travel agencies, service providers and tourism entrepreneurs. After the paid vacation is really implemented, the off-season of tourism will not be so obvious, and the business operation will be more balanced. Therefore, for the whole industry, in the long run, it will not only benefit the network industry, but also play a positive role in promoting the whole industry, "said Wei Changren, president of Power Network.
Why is it difficult to take a paid vacation?
Although the paid vacation system exists, it is not easy to implement. The profit-seeking nature of enterprises and the weak position of employees are the main reasons why it is difficult to implement paid vacation.
On the one hand, labor costs have been rising in recent years, and employers, especially small and medium-sized enterprises, hope to reduce costs by reducing the time for employees to take paid vacations, so they are unwilling to take the initiative to implement paid vacations. On the other hand, employees often dare not take the initiative to safeguard their vacation rights out of personal needs or fear of unemployment.
Employees "dare not rest"
"Leading yourself to take the lead and not taking a vacation, how can we not bashful? In case it gives people the impression that they are not working hard, it will be troublesome to transfer jobs and promote in the future. " -Bank Zhang said.
"I do sales, most of my salary is commission, and my basic salary is very low. The' salary' of paid vacation refers to the basic salary, so it is better to stop. " -selling yellow and complaining.
"I'm busy consulting and I can't finish my work. If I take a vacation, it will affect the whole department. I haven't mentioned it for years. " -Consulting Wang is very helpless.
"I have been working for more than a year and have never heard of paid vacation. Who will give you money if you don't work? " Security guard Li was surprised.
"Leave to report to the company, not necessarily approved. Even if a vacation is allowed, the boss may arrange work during the vacation. " -Media Sun is very tired.
Unit "No rest allowed"
"As a private enterprise, it is very difficult to recruit talents and the mobility of personnel is also very strong. In the past, some employees used vacation as an excuse to apply to other units, which caused the loss of our personnel. " -executives are also very wronged.
"As a private enterprise, every employee has his own fixed position, and his position is difficult to be replaced by others. If he takes a vacation, the whole work chain will be unbalanced, which will inevitably bring certain cost pressure to the company. " -it's not easy for everyone.
Institutions and institutions take the lead in implementing paid vacations, which can certainly form a certain leading and demonstration effect. However, while government agencies and institutions are speeding up the implementation of paid vacation, enterprises, especially private enterprises and small and medium-sized enterprises, should be supervised by trade unions and other relevant departments to promote the implementation of paid vacation system.
Poor supervision.
The lack of law enforcement supervision and punishment is also an important reason why the paid vacation system cannot be implemented. After the unit violates the rules, there is little or no punishment. Such "zero cost" also makes some employers lack due respect for the law, and workers have to submit to humiliation, further aggravating the "implementation difficulty" of paid vacation.
What about paid vacation?
In order to make the implementation of paid vacation system not stop at 50%, enterprises need to realize that the relationship between supply and demand in the job market will change sooner or later, and paid vacation can become an important means to attract talents.
However, it is normal for workers to feel insecure and anxious under relatively high competitive pressure, which is fully reflected in their fear, unwillingness and inability to rest. Then individuals should pay more attention to their most basic right to rest and ensure the healthy operation of body and mind. Workers should also strengthen their awareness of rights protection. However, claiming one's rights and interests through law is based on the support of public opinion and legal environment. On the one hand, law enforcers should strengthen law enforcement and maintain the seriousness of the law, on the other hand, public opinion should also encourage workers to do so.
At the same time, the relevant departments should also issue relevant rules for the implementation of paid leave throughout the country as soon as possible, and further strengthen the active supervision and accountability of labor inspection departments, increase the illegal cost of offenders, strictly investigate the illegal responsibility of employers who do not implement the paid leave system, and continuously improve the implementation rate of paid leave.
Excellent overseas experience is also worth learning. In France, Switzerland and other western European countries, the state will stipulate that most government agencies, enterprises and institutions in the country must take a vacation for about one month in the hottest July and August of the year. The merit of this provision lies in the mandatory nature of the country, and it is necessary to put down the work at hand and relax; What we can't copy is that if we also take paid vacations at the same time, it will be no different from the Golden Week.
This determines that it is more difficult to force individuals to choose vacation time in China. Whether it is to strengthen supervision or personal rights protection, if the supervision department is really motivated and the individual is really emboldened, it is necessary to think more about the workers, what to think, what to worry about and how to solve it.