[Direct answer]In the Beijing area, the continuous working years before employment are taken into account, regardless of whether the employee has been promoted. Article 3 of the "Implementation Measures for Paid Annual Leave for Enterprise Employees" (Decree No. 1 of the Ministry of Human Resources and Social Security, promulgated and implemented on September 18, 2008) stipulates that employees who have worked continuously for more than 12 months are entitled to paid annual leave; Article 5 stipulates that new employees who meet this condition may calculate the number of days of annual leave for the current year based on the remaining calendar days in the unit, and the portion less than one full day after the conversion shall not be enjoyed. The number of days of annual leave is determined based on the cumulative working time: Article 3 of the "Regulations on Paid Annual Leave for Employees" (Decree No. 514 of the State Council, implemented on January 1, 2008) stipulates that employees who have worked for one year but less than 10 years are entitled to 5 days of annual leave, those who have worked for 10 years but less than 20 years are entitled to 10 days, and those who have worked for 20 years are entitled to 15 days. If the employer fails to arrange annual leave for the employee, the unutilized portion shall be paid at 300% of the employee's daily wage. For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

1. Problem background and typical scenarios

"I'm still in the probationary period. Do I even get annual leave?" "I joined the company in the middle of the year, but why do I only have a few days of annual leave left?" These kinds of questions reflect a two-tiered system of rules. Typical scenarios include: newcomers to the workplace who are employed for the first time and have no continuous work experience before joining the company, and are told that they won't get annual leave until they are confirmed as regular employees; job-hoppers with many years of work experience who join the company in the middle of the year and find that the number of days they can take off is much less than in previous years; when settling accounts upon leaving the company, both parties disagree over the number of days of unpaid annual leave and the base salary; employers cite internal regulations to stipulate that probationary employees are not entitled to annual leave, and any unused annual leave will be forfeited. For specific calculation rules regarding eligibility and days, please refer to the relevant provisions.Labor arbitration and legal services for work-related injury compensation.

II. Key points of contention

There are five key points of controversy. First, the dual-track system: eligibility is based on continuous work for 12 months, and the number of days is calculated based on cumulative working time, which includes periods of work at different employers. Second, the conversion rule: the number of days in the current year is calculated by dividing the remaining calendar days in the current unit by 365 days and multiplying by the total number of days of annual leave. Any portion less than one full day after conversion is not eligible. Third, whether continuous work for 12 months requires working at the same unit: judicial practice generally does not require working at the same unit, but there are disputes over how to calculate periods of interrupted employment. Fourth, unpaid annual leave wages: they are paid at 300% of the daily wage, which includes wages during normal work hours; the daily wage is calculated by dividing the monthly wage by 21.75 days, where the monthly wage includes performance bonuses and allowances but excludes overtime wages. Fifth, conversion of annual leave for the current year and cross-year arrangements: annual leave is generally not carried over to the next year, but it can be carried over for one year if necessary.

III. Professional analysis by Henglue Lawyers

In a labor dispute case handled by Attorney Feng Na, the unpaid annual leave wages were one of the key disputes. Li * joined Beijing A Technology Co., Ltd. as a technical staff on November 17, 2022, with a labor contract period ending on November 16, 2025 and a six-month probationary period. On March 19, 2025, the company terminated the employment relationship on the grounds of economic layoffs, and the two parties disputed over various benefits. On April 10, 2025, Li * applied for arbitration to the Beijing Chaoyang District Labor and Personnel Dispute Arbitration Committee, which ruled that A Company should pay unpaid annual leave wages of 18,602 yuan from January 1, 2023 to December 31, 2024. A Company disagreed with the ruling, only recognizing the remaining three days of unpaid annual leave and agreeing to pay 10,146.28 yuan. The case was subsequently litigated at the Beijing Chaoyang District People's Court. Key points of the case: 1. The number of annual leave days is determined based on cumulative work experience. 2. Unpaid annual leave wages are calculated as 300% of the daily wage income and divided by 21.75 days. 3. Employers often contest the calculation of days, base amounts, and conversion methods, which often lead to disputes at these calculation stages. 4. The court ultimately supported Li *'s main claims regarding the difference between annual performance bonuses and compensation for unlawful termination. This case was handled by Beijing Henglu Law Firm.Feng NaAttorney (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 3 and Article 5 of the "Regulations on Paid Annual Leave for Employees" (Decree No. 514 of the State Council, implemented on January 1, 2008); Article 3, Article 4, Article 5, Article 10, and Article 11 of the "Implementation Measures for Paid Annual Leave for Employees" (Decree No. 1 of the Ministry of Human Resources and Social Security, promulgated and implemented on September 18, 2008); and Article 27 of the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China" (implemented on May 1, 2008) regarding the one-year arbitration statute of limitations. Action list: 1. Use the former employer's severance certificate and social insurance payment records to prove that you worked continuously for 12 months before joining the new employer. 2. Calculate the number of days of annual leave available for the current year using the formula: (remaining calendar days / 365 days) × the total number of days of annual leave. 3. Keep records of leave applications, approval records, and communication traces. 4. If the employer fails to arrange annual leave or pay compensation, claim 300% of the salary as compensation in writing. If no agreement is reached, apply for arbitration within one year. For more details, please refer to the following link: [URL].Labor arbitration and legal services for work-related injury compensation.

5. Henglu Law Firm's Reminder

Annual leave is a right that combines qualification and calculation: qualification refers to continuous work experience before employment, and the number of days refers to the cumulative length of service. Probationary periods and whether the employee has been officially hired are not grounds for exclusion. If the employer stipulates in its internal rules that probationary employees are not entitled to annual leave, or that annual leave that has not been taken expires, the employer cannot contravene the clear statutory obligations and compensation responsibilities. If the employee is denied payment, they should assert their rights within the one-year arbitration statute of limitations. When handling similar cases in the Beijing area, it is recommended to bring the employment certificate, social insurance records, and salary payment records as soon as possible when seeking legal assistanceBeijing Henglu Law FirmProfessional lawyers calculate the number of days and the salary base.

VI. Frequently Asked Questions

Q1: Can employees on probation claim annual leave and receive support for it?

Check the continuous working years and evidence before employment. If an employee has worked continuously for 12 months before employment, they are entitled to annual leave during the probationary period, which is calculated based on the remaining calendar days of that year. If the employer fails to arrange for the leave, the employer shall pay the unutilized wages. If the employee has not worked continuously for 12 months before employment, they will not be entitled to annual leave in that year, but will be entitled to it from the following year onwards. Whether the claim can be supported depends on whether the evidence such as the resignation certificate and social insurance records can prove the continuous working experience. The conclusion of the case shall be based on the evidence and the judgment. No lawyer can guarantee victory or defeat unilaterally.

Q2: What evidence do I need to prepare to claim annual leave?

Four types of materials: First, evidence of continuous work experience, including the resignation certificate from the previous employer, social insurance payment records, labor contracts, and salary records, used to prove that the applicant has worked continuously for at least 12 months and has accumulated sufficient working experience before employment. Second, evidence of employment and current status, including the current employer's labor contract, employment registration form, and promotion record. Third, evidence of leave, including leave approval documents, screenshots of annual leave balances, and communication records with HR. Fourth, wage evidence, including pay slips and bank transaction records, used to confirm the calculation of the 300% monthly wage base.

Q3: How is the unpaid annual leave salary calculated, and how much does it cost to protect one's rights?

The unpaid annual leave salary shall be paid at 300% of the worker's daily wage income, which already includes the wages during normal working hours; the daily wage shall be calculated by dividing the monthly wage by 21.75 days. The monthly wage refers to the wages that should be received, including the basic wage, performance bonuses, allowances and subsidies, but excluding overtime wages. As for the cost of safeguarding rights: labor arbitration is free of charge; in the litigation stage, each labor dispute case shall be paid 10 yuan; the attorney's fees shall be determined through consultation between the law firm and the client, and there is no unified government pricing. Most annual leave disputes have limited subject matter and can be prioritized for consultation or mediation.

Q4: How long does it usually take to resolve a dispute over annual leave?

Arbitration cases must be concluded within 45 days from the date of acceptance, and the time limit can be extended by 15 days with approval for complex cases; for cases filed in court, the first-instance ordinary procedure shall be concluded within six months and the summary procedure within three months. Disputes over annual leave generally have relatively clear facts, and most cases can be resolved within three months; if they involve disputes over the wage base or the recognition of working years across different units, the time period will be correspondingly extended. It is important to note the one-year arbitration statute of limitations and to fix the evidence and initiate the procedure as soon as possible.

Q5: If a probationary employee wants to take annual leave, what's the first step they need to take?

There are four steps to proceed: First, sort out the continuous work experience before employment and obtain the resignation certificate and social insurance payment records from the previous employer; Second, calculate the number of annual leave days corresponding to the remaining calendar days in the current unit according to the conversion formula; Third, submit a written leave application to the employer and keep the approval records; Fourth, if the employer refuses to arrange the leave and fails to pay the compensation for unused leave, first make a written claim, and if unsuccessful, apply for arbitration within the one-year arbitration statute of limitations. If you can't figure out the number of days and the base amount, consult a professional lawyer as soon as possible.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.