Zhejiang Issues Notice Clarifying Legal Protection of Annual Leave Rights

On March 20th, “Zhejiang Release” announced that recently, the Zhejiang Provincial Department of Human Resources and Social Security and three other departments issued the “Notice on Further Implementing the Paid Annual Leave System” (hereinafter referred to as the “Notice”). The goal is to effectively safeguard employees’ rights to rest and vacation and to build harmonious and stable labor relations.

The “Notice” clearly states that employees’ rights to annual leave should be protected according to law. Implementing a paid annual leave system is an important welfare and basic right granted to workers by the state. It is a practical measure to ensure workers can work with dignity, promote their physical and mental health, and achieve comprehensive development. This system is significant for improving work efficiency and promoting economic growth.

The “Regulations on Paid Annual Leave for Employees” and the “Implementation Measures for Paid Annual Leave for Enterprise Employees” explicitly stipulate that “employees who have worked continuously for more than 12 months are entitled to paid annual leave” and that “employers should ensure employees enjoy annual leave.” Local authorities are instructed to guide employers to strictly implement relevant laws and regulations, organize the proper implementation of the paid annual leave system, and ensure that all eligible employees can enjoy their statutory leave rights equally.

Improving the Management of Annual Leave Plans

Local authorities should guide and supervise employers to establish and improve the management system for annual leave plans, develop rotation leave schedules for employees, and coordinate the arrangement of leave from the beginning of the year. Once plans are set, employees should generally comply with the employer’s arrangements unless there are special circumstances.

For positions with special responsibilities, such as major holiday duty, emergency response, or critical role support, employers are encouraged to develop special leave plans in advance. Methods such as staggered leave, shift leave, and job sharing should be used to balance work demands with employees’ leave rights.

Promoting Collective Negotiation on Rest and Leave

Local authorities should promote employers and employees to negotiate on equal footing, incorporating the implementation of the annual leave system into collective bargaining and collective contracts. Specific details of leave implementation and dispute resolution channels should be clarified.

Trade unions should actively participate in collective negotiations, representing employees’ reasonable demands, urging employers to listen to employees’ opinions, and ensuring that negotiation results reflect the will of both parties and protect their interests.

Human resources and social security departments should strengthen guidance on collective bargaining, promote sample texts for collective contracts, and enhance review processes. For employers who have not included annual leave clauses in collective contracts, guidance should be provided to ensure that both parties incorporate leave provisions into their agreements. Employers are encouraged to negotiate and sign special collective contracts on rest and leave where conditions permit.

Strengthening Coordination of Various Holidays

Local authorities should guide employers to establish and improve systems for leave application, approval, attendance management, and job-sharing arrangements, clearly defining the conditions, approval procedures, and benefits standards for different types of leave. This ensures normal business operations while safeguarding employees’ leave rights.

Employers are encouraged to innovate in how leave is used to meet diverse needs such as visiting family and friends, travel, and family care.

During spring and summer breaks for primary and secondary students, employers should prioritize arranging compensatory leave, shift leave, or annual leave for employees with childcare needs. Supporting family care and travel is also encouraged. Promoting staggered leave to avoid peak travel times during holidays can improve the quality of employees’ leave.

The “Notice” emphasizes that local authorities should incorporate rest and leave into the key initiatives for building harmonious labor relations within industrial chains. Creating a workplace culture that respects labor and employees, advocating the concept of “efficient work, happy life,” and curbing unhealthy practices such as “ineffective overtime” and “mandatory overtime” are important.

Human resources and social security departments at all levels should work with relevant agencies to strengthen supervision of the implementation of paid annual leave, ensure channels for reporting and complaints are open, and legally protect workers’ lawful rights and interests.