完善我国带薪年休假制度的立法建议

Legislative Suggestions on Improving China’s Paid Annual Vacation System

带薪年休假是休假的重要种类,与职工生活息息相关。虽然我国已建立了集法律、行政法规、规章为一体的带薪年休假制度,但职工休假并不容易,且争议频发。本文简要介绍了域外带薪年休假制度,比较了学界对带薪年休假作出的不同定义,并归纳出核心内涵。通过比较分析与实证研究发现,我国带薪年休假制度存在着制度设计不尽合理、立法不明确等问题,提出应实行强制休假、加重不履行休假义务的法律责任、降低带薪年休假享受条件、延长休假期限且不以工龄分层、由劳动者启动休假、实行连休、明确争议条款等立法建议,以期为法律修正助益。

Paid annual leave is an important type of rest and leave and it is closely related to the life of employees.China has established a paid annual leave system that covers laws,administrative regulations and rules,however it is not so easy for employees to take their vacations.In order to solve the'crux',this article compares the different definitions of paid annual leave by different scholars,sums up the core connotations,distinguishes them from several confusing concepts,and introduces the extra-territorial and paid annual leave systems in China.Through comparative analysis and empirical research,the paid annual leave system in China has problems such as low proportion of implementation,unreasonable system design,and unclear legislation.Finally,the article proposes the following legislative proposals:implementing mandatory vacations,aggravating the legal responsibilities for non-performance of vacation obligations,reducing the conditions for paid annual leave,prolonging the period of leave without stratification by working age,starting the vacation by workers,implementing consecutive holidays,and clarifying the terms of the dispute.