Annual leave depends on total career service: 5, 10 or 15 days, with unused eligible days paid at 300%
In China, total service of 1 to under 10 years gives 5 days annually; 10 to under 20 gives 10; 20 or more gives 15. Changing jobs does not reset service. If work prevents leave and you agree not to take it, eligible untaken days receive 300% daily pay, including normal pay. A written personal-choice waiver can leave only ordinary wages.
What it takes
Free. Add service across all employers, using social-insurance records as evidence. Resist signing a voluntary-waiver form.
What you may gain
Twelve months' continuous work establishes eligibility. Leave length follows cumulative service across employers: 5/10/15 days at the above thresholds. Statutory holidays and rest days do not count against it. Where operational needs prevent leave and the worker agrees, untaken entitlement is paid at 300% of daily wages, including the normal 100%, so the additional payment is 200%. Daily pay is monthly pay divided by 21.75; monthly pay is the preceding 12-month average excluding overtime. New starters receive a calendar-day pro rata entitlement for the remaining year. Departure requires pro rata settlement for elapsed service that year, without clawing back excess leave already taken. If an employer neither grants leave nor pays, authorities order correction; missing the deadline brings another compensation payment equal to the leave pay owed. These rules took effect January 1, 2008.
Context & considerations
Count all employers, not just the current one. Only a worker's written request to forgo leave for personal reasons permits ordinary wages alone. Paid personal leave totaling at least 20 days can remove that year's annual-leave entitlement. Sick leave also removes it at applicable service thresholds: 2 months below 10 years, 3 months at 10–20 years, and 4 months above 20 years. Family-visit, marriage/bereavement, maternity and occupational-injury paid recovery leave do not count as annual leave.
Research & references
State Council of China (2007). Paid Annual Leave Regulations, Order No. 514, Articles 2–5 and 7. http://www.gov.cn/gongbao/content/2008/content_859865.htm; Ministry of Human Resources and Social Security (2008). Implementing Measures for Enterprise Employees' Paid Annual Leave, Order No. 1, Articles 3–5, 10–12 and 15. http://www.gov.cn/gongbao/content/2009/content_1265995.htm