how to calculate the leave of employees depends mainly on the leave policy of the company and the relevant provisions in the labor contract.
first, the impact of the company's vacation policy
each company has its own vacation policy, including annual leave, sick leave, personal leave and other different types of vacations. The leave calculation of resigned personnel should first refer to the company's leave policy. For example, some companies may stipulate that employees must take the applied annual leave before leaving their jobs, while others may allow employees to convert the unused annual leave into salary compensation.
ii. provisions in the labor contract
a labor contract is an important legal document between employees and the company, which usually contains specific provisions on vacation. Resigned personnel should carefully review the labor contract to understand their vacation rights. If the contract clearly stipulates the treatment method of leave upon resignation, then both parties should follow the contract.
iii. Treatment of leave before leaving the company
For employees who have taken leave before leaving the company, the company usually makes corresponding deductions when settling their wages. The specific deduction standard may vary from company to company, but it should generally follow the principle of fairness and reasonableness.
iv. handling of employees who have not taken leave
there are also various ways to handle employees who have not taken leave when they leave. Some companies may allow employees to take the rest of their holidays before leaving their jobs, while others may provide salary compensation or other forms of benefits. In addition, if the employee fails to take a vacation due to work reasons, the company should also consider giving corresponding compensation.
To sum up:
The calculation of leave for the resigned personnel is mainly based on the company's leave policy and the provisions in the labor contract. The part that has taken leave before leaving the company may be deducted from the salary, while the part that has not taken leave may receive salary compensation or other forms of benefits. The specific handling methods vary from company to company. Employees should carefully understand the relevant regulations of the company before leaving the company to ensure that their rights and interests are protected.
Legal basis:
Article 51 of the Labor Law of the People's Republic of China
stipulates:
The employing unit shall ensure that workers have at least one day off every week.
Article 3 of the Regulations on Paid Annual Leave for Employees
stipulates:
Employees who have worked for more than 1 years but less than 11 years shall have an annual leave of 5 days; If it has been over 11 years but less than 21 years, the annual leave will be 11 days; For those who have completed 21 years, the annual leave is 15 days. National statutory holidays and rest days are not included in annual holidays.