Working hours and holidays in China. Emergency legal assistance in China Do the Chinese have vacations?
In Russia, compulsory vacation is 28 calendar days (that is, 20 working days), and another 14 days a year are declared holidays. It turns out that, in addition to weekends, the average resident of Russia rests for 34 days (and those who have irregular working hours have the right to additional leave- from three days). How many holidays do you spend abroad? Let's talk!
Austria
This length of vacation can be counted on with a five-day working week; with a six-day vacation it lasts 30 days. And after 25 years of work in one place, it increases by another five.Greece
Finland
The length of vacation for an ordinary employee in Finland depends on the length of service. According to the law, if he works for less than one year, he earns two days of vacation for each month. After a year, the rate increases to two and a half days. Spain
You will not be able to receive monetary compensation instead of a vacation. This is prohibited in Spain labor legislation. It also prohibits transferring vacations to the next year. If you didn’t want to rest on time, that’s your problem. Days not taken off are burned out. Great Britain
France
When calculating vacation in France, it takes into account how many hours an employee works per week. Workers who choose a 39-hour workweek instead of the standard 35-hour workweek are entitled to two additional weeks of vacation. Lithuania
On July 1, 2017, a new law came into force in the country. Labor Code. Now one part of the vacation must be at least ten working days. The remaining ten can be taken as you wish - at least one day at a time. Moreover, 20 working days is the minimum duration of vacation for those who work five days a week. Those who work six days a week have more vacation - 24 working days. For residents of Lithuania, who have extensive experience behind them, the changes will only benefit them. Now, after ten years of continuous service, an employee has an additional three working days of vacation instead of three calendar days. And for every five subsequent years - one more working day. Denmark
For each month worked, the employee is entitled to 2.08 days of vacation. In total, 25 working days accumulate in a year. Of these, five can be taken not entirely, but divided one day at a time. For example, not working on Mondays for five weeks in a row. Japan
Despite the fact that the law sets a minimum duration of vacation, workaholic Japanese rarely adhere to it. Resting is considered bad manners. Most often, the Japanese vacation lasts five to six days. And the locals make up for their lack of sleep throughout the year. The only reason that can force the Japanese to rest is a national holiday. Italy
In August, there is complete calm in the life of Italians. The first holidaymakers flock to the beaches in the first days of the month, and on August 15, when the national holiday of Ferragosto is celebrated, the official holiday period begins. At this time, cities literally die out. Even the factories are not working! And on the doors of shops and restaurants there is often a sign: “Closed for the duration of the holidays.” Australia
The duration of vacation in Australia is the same as in Russia. But there are fewer holidays. Moreover, each state has its own holidays, even national ones are often celebrated on different days. Argentina
In count holidays Argentina occupies a leading position. Moreover, if a holiday falls on a weekend, it is transferred to the next working day. Perhaps as a sign of compensation large quantity During the holidays, the country decided to make the vacation short. However, it lasts ten working days only if the length of service in one place is less than five years. After this period, the vacation increases to 15 days, after 10 years - to 20 days, and after 20 - to 25. Germany
Netherlands
Residents of the Netherlands prepare in advance not for holidays, but for funerals: every year in this country one day is set aside as a day off for the funeral of members of the royal family. If no one died, it is added to the vacation. By the way, King's Day (or Queen's Day, depending on who is on the throne at the moment) - the only holiday, which is postponed if it falls on a weekend. South Korea
Israel
From January 1, 2017, the minimum duration of vacation increased from 10 to 12 days. This is the first increase since 1951. 12 days of vacation will now be received by employees who have worked for the company on a five-day working week for less than five years. With a six-day working week and less than five years of work experience, the vacation duration will be 16 days. After working in the company for five years, an employee can expect that every year his vacation will increase by one or two days. Singapore
China
India
Republic Day, Independence Day and Mahatma Gandhi's Birthday have the status of public holidays. The rest are regional. Therefore, the total number of holidays varies by state. Mexico
The length of leave depends greatly on length of service. Newbies are out of luck. They are only allowed six days to rest. After four years of work at one enterprise, the duration of vacation increases by two weeks; after five years of experience, two more days are added for every five subsequent years. USA
The US is one of the few countries that treats vacation as a privilege, thanks to the Fair Labor Standards Act of 1938. It regulates the maximum number of working hours per week, overtime work, and the minimum wage, but does not mention a word about paid leave. Therefore, Americans are not legally entitled to leave. The decision on its duration and payment is made by the employers themselves. But even those Americans whose companies offer paid leave find it difficult to take it. The principle of work culture is such that people are afraid to rest, as they may be labeled as quitters. Attempts to change the situation have been made for several years, but so far they have failed. Andrey M. works for a large Chinese company that sells household appliances. Over the course of several years, Andrei had accumulated great amount interesting stories about his Chinese boss. Recently in the history of the company there was a merger, after which there were two bosses, and the number of interesting stories increased proportionally.
Meetings with Mr. Gennady
During the time that I have been working, I have noticed that the head of the Russian representative office is changed from time to time, sending first one manager or another to Russia from Beijing. All those who come take Russian names: for example, Mr. Ivan or Mr. Gennady. And we had one leader who was terribly fond of conferring. We could sit in his office for half a day, and he would talk and talk. At the same time, from time to time he was interested in the opinions of those present, but it was obvious that this was just for show.
This same boss sometimes showed himself to be a real despot. In particular, it required installation on an office computer and on a personal computer (“ personal iPhone“- this was his personal strong recommendation to his subordinates) a special “chat” program like ICQ. Since all the bosses are Chinese, they write their orders in this “chatterbox” in their native language, and the translator then translates. In addition, through this chat, management directly from China controls which employees are on site and which are not. Through the same messenger, communication is also maintained with other departments - with accounting, for example, or with a warehouse. Theoretically, you don’t have to use it, but all important information goes through it, so do the reports. There is no benefit in refusing. And, by the way, if the boss is not satisfied with the results of the day’s work demonstrated to him through this “chatterbox”, you will face a fine of 500 rubles.
S - stinginess
At any opportunity, management is ready to deduct a poorly placed ruble from my salary. There was a case when, in honor of the May holidays, we were all allowed to leave work four hours early. And when it came time to receive a salary, it turned out that these four hours had been deducted from everyone. Then each employee reminded the manager that the shortened pre-holiday working day was both the initiative of his superiors and the law in general. But no! In response to all our indignations, the general director made a surprised face and stated that this was the first time he had heard that he had to pay for the time we did not work.
At the entrance we have a system that monitors the presence of employees in the office. First you had to put your finger on it, then the management introduced special cards. They had to be registered at the entrance and exit, and at the end of the month submitted to the accounting department, where a strict calculation was made: if you were absent from the office for more than four hours in a month (asked for time off, was late, went out to smoke), you would be deprived of half of your salary, and if more than six hours - you are fired. It’s a separate story with sick leave - in China they don’t get sick for more than one day, so in Russia, even if you have a certificate, you can get sick for one day for free. All subsequent ones will be deducted from the vacation.
The Chinese authorities have a very specific approach to personal and public property. For example, we only have plastic cups for customers. Employees must use personal ones, and if they still take a plastic one, its cost will be deducted from their salary. We also decided not to spend money on a cleaner: we clean the office ourselves, one at a time, and once a week.
It was also a great New Year's gift. Suddenly, management decided to send employees on vacation to Goa. Those who were able to go were paid for their air tickets (they had to book a hotel on the spot at their own expense). Those who couldn't were forced to work two days longer and received no compensation for their refusal.
Leave by cancellation
In the summer of 2015, our boss announced that due to the difficult economic situation, vacations at the company were canceled. At the end of summer, our company merged with another - no one canceled their vacations. And then the boss demanded that all joining employees immediately pack their bags and fly home from the resorts, since “our company’s vacation was cancelled.”
Of course, there is no social package. They are motivated by the fact that we, they say, work in international company with high standards. If you don't meet the standards, we won't keep you. In general, I think this is such a unique approach to building a business: the Chinese do not take care of and train employees, do not grow them in the company, as is done in Europe. It's very cheap in China work force, our bosses proceed from this, forgetting that they came to another country.
You can go to the toilet three to four times a day. Surprisingly, the authorities record this too. For lunch, half an hour is allocated between 13:00 and 15:00. Mostly everyone carries lunch with them - you don’t run around the canteens.
Difference in mentality
The Chinese are somewhat similar to the Russians: if you have a good relationship with one of them, he will begin to cover for you and shield you. But in general, the difference in mentality is significant.
They have one interesting point. For example, if a Chinese person is given a choice between receiving a ruble today or three hundred tomorrow, he will most likely choose immediate profit. He either doesn’t like to work for the future, or doesn’t know how.
Another interesting fact: for some reason the Chinese do not want to train Russian engineers in the service trade, preferring to send their own from China. One day they announced for a long time that they would send a super-specialist with a super-tool, which turned out to be an ordinary screwdriver. And this super-specialist, when they called him with a request to come and fix something, listened to the description of the breakdown and thoughtfully said: “I can fix it 74%.” And every time he called a strange number. I still wonder how he calculated it. But this “specialist”, however, was replaced after a couple of months with a more competent one.
Chinese in Russia
It is very difficult for the Chinese to understand that they are in another country. For example, they may blame you for being sick often (although by Russian standards you are no more sick than others). If you try to explain about the peculiarities of the climate, they refuse to understand and agree. There are a lot of such moments - it is difficult for them to understand that motivation for work among Russians develops in a completely different way, that Russians in most cases are not ready to work around the clock (especially if the salary is not God knows what). There is a joke in our office: “The ideal employee in a Chinese company is a person who works 24 hours a day, seven days a week, and pays the employer money for it.”
…OR CHINESE VACATION
There seems to be a holiday in China. But it seems like he doesn’t exist.
But what still exists, in our understanding does not even come close to the concept of “vacation”.
The system here is something like this: if you blow the whistle at your enterprise less than a year, but did not reach the age of 10, you are entitled to five-day paid holiday.
From 10 to 20 years - you have the right to 10 days leave.
And already if over 20 years- you deserve a rest of 15 days.
But this is in words. Well, or on paper.
In fact, everything may be different.
In fact, not everyone takes vacations here.
I won't ship in numbers, but the statistics are not in favor of vacationers: a huge part of the Chinese labor army has never gone on vacation at all in their entire lives.
Even on five days.
Even after working more ten years.
And in general, the “Resolution on the annual paid vacation" appeared in China only in 2008.
However, officials admit that the system turned out to be imperfect and has not yet brought the desired result.
However, the Chinese travel quite actively- both within China and around the world.
At the same time, the United States ran into Chinese tourist groups at every turn.
When do they have time?!
Firstly, some people still go on vacation (especially, I think, at state-owned enterprises).
In addition, in China today there is a sufficient number Very wealthy entrepreneurs: at times they themselves can afford a little rest.
P oppressive some of the Chinese travelers literally catching up its own during the so-called “golden weeks”, timed to coincide with national holidays.
Such weeks only two per year: during the Chinese New Year and the Founding Day of the People's Republic of China (which also coincides with the Mid-Autumn Festival).
There was also third such a week was in May, but it was abolished.
In general, at this time the Chinese population rushes together to visit relatives or simply travel - by plane, ship, train, car.
During the recent weeks ( from September 30 to October 7 ) 740 million Chinese tourists left their homes.
Just imagine: 740 million people simultaneously are they going somewhere?!
By the way, this was a new tourist record compared to past year, the publication notes.
To their credit: At the first opportunity, the Chinese rush to visit places of cultural and historical heritage of their country.
Revenue from such tourism in a week amounted to almost two billion yuan.
At the same time, many places of pilgrimage for tourists were at least ten times overcrowded.
There were also more serious problems: huge load on the transport network and a large number of accidents on the roads. With victims.
In general, China is still trying to bring to mind paid vacation.
According to some observers, should be implemented like this system so that most people could still use your vacation, and not undermine “collective travel” during the period golden weeks.
Those. when almost the entire country goes on short-term vacations.
The topic of vacations is still “in the stage research", reports the newspaper "Renming Ribao".
The holiday issue for China still remains difficult.
After all, according to experts, “ the development of the state economy made the Chinese rich, but not rich enough to lead idle Lifestyle".
Source: People's Daily newspaper online,
News of the People's Republic of China (permanent page address http://www.chinaspace.ru/70-kitaytsev-v-otpusk-ne-hodyat/)
Norms and rules “On paid annual leave workers and employees" adopted on December 7, 2007 at the 198th meeting of the State Council of the People's Republic of China, published and entered into force on January 1, 2008
Article 1. These Rules and Regulations have been developed on the basis of the Labor Law of the People's Republic of China and the Civil Servants Law of the People's Republic of China in order to protect the right of workers and employees to rest and increase the activity of workers and employees.
Article 2. Workers and employees government agencies, public organizations, enterprises, economic entities, non-profit private organizations, wage-earners individual private entrepreneurs (hereinafter referred to as organizations) have the right to receive annual paid leave (hereinafter referred to as annual leave) if workers and employees are employed for one year in a row. The organization must ensure that workers and employees are provided with annual leave. Wages of workers and employees during the period of annual leave must correspond to wages during normal work activities.
Article 3. With accumulated work experience of 1 to 10 years, workers and employees have the right to annual leave of 5 days; with 10 to 20 years of experience, workers and employees have the right to annual leave of 10 days; with 20 years of experience or more - the right to annual leave of 15 days. Established public holidays and weekends are not included in the annual leave period.
Article 4. Workers and employees shall not be granted annual leave in the following cases: (1) Providing workers and employees with summer and winter holidays in accordance with the law for a period exceeding the duration of annual leave; (2) Exceeding the duration of personal leave by 20 days if the organization does not make deductions wages according to current rules; (3) Exceeding the duration of sick leave by 2 months, if the accumulated work experience of the worker (employee) is from 1 to 10 years; (4) Exceeding the duration of sick leave by 3 months, if the accumulated work experience of the worker (employee) is from 10 to 20 years; (5) Exceeding the duration of sick leave by 4 months if the accumulated work experience of the worker (employee) is over 20 years.
Article 5. The time of annual leave is established by the organization based on the specific circumstances of work and production, taking into account the opinions of workers and employees. Annual leave can be granted in one period of the year or divided into parts. Typically, annual leave does not carry over to the next year. If an organization, due to the nature of work and production, needs to postpone the annual leave of workers and employees to the next year, then it is allowed to transfer the leave of one annual period to the next year. If the organization cannot, due to production needs, provide workers and employees with annual leave, then with the consent of the workers and employees, the organization may not provide annual leave. The organization must pay such workers and employees a bonus in the amount of 300% of the daily wages for each unused day of annual leave.
Article 6 Labor and social security organs and personnel departments of people's governments at least at the county level shall, within their competence, supervise and verify the implementation of these Standards and Rules by organizations. Trade union organizations, in accordance with the law, protect the right of workers and employees to annual leave
Article 7 If an organization does not provide annual leave, or does not issue the bonus established by these Rules and Regulations, the labor and social security organs or the personnel management organs of the local people's government at least at the county level shall issue an order to eliminate the violation depending on the competence of these organs. . If the violations have not been corrected in fixed time, the organization, in addition to the bonus, must also pay compensation in accordance with the amount of the bonus. In case of refusal to pay bonuses and compensation by an organization whose employees are government employees or are subject to the Law of the People's Republic of China on Civil Servants, the main responsible persons of the organization and the directly responsible persons will be held accountable; in case of refusal to pay bonuses and compensation by other organizations, in accordance with labor legislation and regulations, penalties are applied to these organizations.
Article 8. In the event of disputes arising between the organization and workers or employees regarding issues of annual leave, these disputes are resolved in accordance with current state legislation and administrative regulations.
Article 9 The Ministry of Labor and Social Security and the Ministry of Human Resources of the State Council of the People's Republic of China shall develop separate rules application of these Norms and Rules depending on the competence of these departments. Article 10. These Norms and Rules come into force on January 1, 2008.
It is well known that the Chinese are very hardworking and enterprising - they are ready to work very intensively in order to get out of poverty, educate their children, and ensure savings for their old age. This fundamental motivation provides China with serious the economic growth in recent decades, which is estimated at 7-10% per year. However, over the past few years, annual GDP growth has dropped to 6.7%. In Russia, many politicians, deputies and economists use China as an example, believing that this is the economic ideal.
But we often fail to see the downside of China's accelerated growth. And she, this side, impresses with its effects. And it's not just about degradation environment, smog over Chinese cities, a huge waste stream. Wear and tear should also be taken into account. human capital, fatigue, mental illness, stress and nervous breakdowns that are associated with prolonged work and insufficient rest.
Let us remind you that Chinese workers with less than 10 years of work experience are entitled to an annual paid leave of 5 days. With 10 to 20 years of experience, the vacation is 10 days. To receive 15 days of paid leave, you must have over 20 years of experience.
As for the duration working week, then in China it is designated by the symbol “ 996 ", that is work from 9 am to 9 pm 6 days a week .
In a report released by the Academy social sciences The PRC presents the results of a study of the national labor market regarding vacations. The numbers are: 40.1% of Chinese surveyed reported that they do not have annual paid leave, 4.1% are entitled to leave but cannot take it, another 18.8% also have leave, but their schedule is not flexible enough, so they cannot take leave. it turns out that only 31.1% of respondents noted that they have paid leave and use it at their own discretion .
In addition, in China only government employees have pensions. The rest need to save for old age on their own.
These are the realities of the Chinese labor market. It is unlikely that Russian citizens will be willing to pay such a price for significant economic growth.