法国带薪年休假制度及启示

French Annual Paid Leave System and its Inspirations to the Chinese System

我国带薪年休假制度没有得到有效实施存在多种原因。法国带薪年休假制度在带薪年休假权的定性、法律规范的强制性和可操作性,以及法律责任的确定性等方面都对我国具有启发意义。完善我国带薪年休假制度需要从两个方面着手:一方面,在立法认识上,要重新认识带薪年休假权的性质,确认其属于劳动者休息权的一种;另一方面,多角度细化带薪年休假的法律规范,使之具有实施的可行性和有效性。

There are muhiple reasons for the failure of the effective implementation of Chinese annual paid leave system. French annual paid leave system could provide some inspirations for improvement of Chinese system, especially in the following aspects： the clear definition of the right to annul paid leave, coercive and enforceable provisions, and the certain liabilities imposed on violators. To improve the system of annul paid leave in China; two efforts shall be made. On the one hand, we should raise the legislative awareness of the nature of the right to annul paid leave, and acknowledge that the annual paid leave belongs to employee＇ s right to rest. On the other hand, we should refine the respective provisions to make them feasible and effective in practice.