[Direct answer]In the Beijing area, it's not enough for the employer to arrange annual leave uniformly through a simple notice. Employees have the right to refuse obviously unreasonable arrangements. According to Article 5 of the "Regulations on Paid Annual Leave for Employees" (State Council Decree No. 514, implemented on January 1, 2008), the employer shall arrange annual leave comprehensively according to the specific circumstances of production and work, and taking into account the wishes of the employees themselves. Article 5 of the "Implementation Measures for Paid Annual Leave for Enterprise Employees" (Ministry of Human Resources and Social Security Decree No. 1, implemented on September 18, 2008) clearly stipulates that annual leave generally should not span over multiple years. If it is necessary to arrange it across multiple years, it can only span over one year. Employees may raise objections to arrangements that do not take their wishes into account and negotiate with the employer. If no agreement is reached or the employer handles it as absenteeism, the employee may file a complaint with the labor supervision department or apply for labor arbitration. The key is to keep the notice of annual leave arrangements, leave records, and communication records. 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

At the end of the year, the company issued a notice requiring all employees to take their annual leave in a certain month. Some people wanted to save their annual leave for New Year's travel, but were told that if they didn't take it, it would be forfeited. If maternity leave and annual leave overlapped, they weren't sure if they could coordinate them. Before layoffs, employers suddenly arranged for employees to take annual leave, which was questioned as a disguised way to shorten the time for employees to protect their rights. Annual leave is a statutory right of employees, and employers do have the space to make overall arrangements, but such arrangements do not mean that employers can make unilateral decisions. For the overall compliance design of the enterprise's employment system and salary structure, it can be combined with other aspects.Legal services for corporate commercial and contract disputesPlease let me know about it at the same time.

II. Key points of contention

Such disputes usually revolve around four issues. Firstly, how to balance the right to make overall arrangements with the employees' wishes: the unit has the right to make arrangements, but the "Regulations on Paid Annual Leave for Employees" require considering the employees' own wishes. If the unit forcibly arranges without seeking their opinions at all, the legitimacy of the arrangement will easily be questioned. Secondly, the legality of cross-year arrangements: annual leave is not generally allowed to be carried over to the next year. However, if it is necessary due to production or work characteristics, it can only be carried over for one year. Thirdly, the effectiveness of employees' refusal: if they refuse the unified arrangement due to legitimate reasons such as family emergencies, medical treatment, or pre-booked travel arrangements, the unit should generally negotiate with them; but if they refuse without legitimate reasons or maliciously resist normal arrangements, the unit can also manage them in accordance with the legally established system. Fourthly, the handling of disputes that cannot be resolved through negotiation: whether they can be treated as absenteeism or whether compensation can be provided instead of arranging leave are the most likely points of litigation between the two parties.

III. Professional analysis by Henglue Law Firm

The labor dispute case of Li ** represented by Attorney Feng Na involves the unpaid annual leave wages. The dispute arises from the company's annual leave arrangements and calculations. Li ** joined A Technology Co., Ltd. in Beijing as a technical staff on November 17, 2022, and the two parties signed a labor contract with a term ending on November 16, 2025. On March 19, 2025, the company terminated the labor contract on the grounds of economic layoffs and paid Li ** an economic compensation of 9,2008 yuan. On April 10, 2025, Li ** applied for arbitration to the Chaoyang District Labor and Personnel Dispute Arbitration Committee in Beijing, and the arbitration award ordered the company to pay Li ** 18,602 yuan in unpaid annual leave wages for the period from January 1, 2023 to December 31, 2024. A Technology Co., Ltd. disagreed with the arbitration award, claiming that Li ** only had three days of unpaid annual leave left and only agreed to pay 10,146.28 yuan. After accepting the case, Attorney Feng Na guided the client to collect evidence such as the employment offer, labor contract, salary records, termination notice, and annual leave records, and provided legal opinions on the number of unpaid days and the calculation basis. This case highlights that the company's annual leave arrangements should not only have procedural records but also withstand verification of the number of days and calculation basis, otherwise it is likely to turn into a dispute over unpaid annual leave wages. 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 (number of annual leave days) and Article 5 (overall arrangement) of the "Regulations on Paid Annual Leave for Employees" (Decree No. 514 of the State Council, implemented on January 1, 2008); Article 5 (arrangement across years), Article 9 (considering the employee's wishes in overall arrangement), and Article 10 (wages for unused annual leave) of the "Implementation Measures for Paid Annual Leave for Employees" (Decree No. 1 of the Ministry of Human Resources and Social Security, implemented on September 18, 2008); and Article 4 (democratic procedures for rules and regulations) of the "Labor Contract Law of the People's Republic of China" (implemented on January 1, 2008 and amended on December 28, 2012). Action list: 1. After receiving the notice of overall arrangement, if there are special circumstances, promptly raise them in writing or by email and explain the reasons; 2. If you have objections to the arrangement, actively communicate and negotiate with the HR department to adjust the time, and keep the communication records; 3. If the unit refuses to negotiate and forcibly handles it as invalid, collect the arrangement notice, attendance records, and salary records; 4. If no agreement is reached, file a complaint with the labor supervision authority or apply for labor arbitration. Note that the arbitration time limit is one year. For more details, please refer to the relevant provisions.Labor arbitration and legal services for work-related injury compensation.

5. Henglue Law Firm's Reminder

The key to making comprehensive arrangements for annual leave lies in whether the employee's wishes are taken into account, whether there is a record of the arrangements, and whether the leave can be carried over to the next year. Employers should publicize their annual leave arrangements at the beginning of the year and provide channels for adjustments during the year, so as to avoid making sudden notifications near the end of the year. Employees should not abuse their right to refuse and should cooperate with reasonable arrangements. When handling similar cases in Beijing, it is recommended that both parties develop the habit of confirming in writing. If a dispute arises, the party who can present a complete timeline and communication records will gain the upper hand. If necessary, legal assistance can be sought.Beijing Henglu Law FirmProfessional lawyers are involved in the evaluation process.

VI. Frequently Asked Questions

Q1: If the company arranges annual leave collectively, can employees be treated as absent without leave if they refuse to take the leave?

This cannot be generalized. When employers arrange annual leave, they should consider the employees' own wishes. For employees who refuse on legitimate grounds such as medical treatment or family emergencies, it is unreasonable to directly treat them as absent without leave. There is a high risk of being found to have illegally terminated the employment contract; however, if employees refuse to comply with reasonable arrangements without legitimate reasons, the employer can deal with them in accordance with the rules and regulations established by law. In judicial practice, the adjudicating authorities not only review whether the unit's arrangement procedures leave a record and solicit opinions, but also review whether the employees' refusal reasons are reasonable. The conclusions of individual cases are based on evidence and the adjudicating authorities' opinions. No lawyer can unilaterally guarantee the outcome. Consultation and leaving a record are the best strategies.

Q2: What evidence do I need to prepare for protecting my rights?

There are four categories of core materials: 1. Arrangement basis, including annual leave arrangement notices, emails, public announcement documents, employee handbooks, or leave systems; 2. Personal records, such as attendance records, leave approval processes, and screenshots of the annual leave details and remaining days; 3. Communication records, including emails, chat records, and conversation recordings with HR or supervisors regarding annual leave arrangements; 4. Evidence of damages, such as pay slips, records of deductions for absenteeism, and termination notices. The materials should be organized chronologically, with a focus on proving that the employer failed to consider the employee's wishes, violated the arrangement procedures, or deducted wages or issued termination notices based on these arrangements.

Q3: How much does it cost to apply for arbitration in a dispute over annual leave?

Arbitration of labor disputes does not charge arbitration fees. In the litigation stage, fees are paid in accordance with the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007), with a fee of 10 yuan per case for labor disputes. In some regions, the fee is halved or waived. Lawyer's fees are determined through negotiation between the law firm and the client. They are usually charged on a per-case basis or as a percentage of the litigation amount, with no unified government pricing. The subject matter of the dispute over unpaid annual leave wages is usually not large. It is recommended to first calculate the difference, then decide whether to apply for arbitration on one's own or hire a lawyer, and pay attention to including the time cost in the consideration.

Q4: How long does it take from filing a complaint to obtaining the results of a dispute over annual leave?

During the arbitration stage, the labor dispute arbitration committee generally concludes the case within 45 days from the date of acceptance, and the case may be extended by 15 days if it is complex; if the party is not satisfied with the arbitration decision and files a lawsuit, the first-instance ordinary procedure shall be concluded within six months, and the summary procedure within three months. The facts of the annual leave dispute are relatively clear, and most cases can be concluded within three months; if it involves cross-year arrangements, review of the validity of rules and regulations, or a large number of people, the cycle will be prolonged. When handling similar cases in the Beijing area, it is recommended to start as early as possible to avoid the loss of evidence such as annual leave records and attendance data over time.

Q5: If you're not satisfied with the company's unified arrangements, what's the first step you should take?

There are four steps to proceed: First, check the unit's system and the content of the notice to confirm whether the arrangement spans across years and whether opinions are being solicited; Second, if there are legitimate reasons, immediately submit an adjustment application in writing to the personnel department or the leadership, explaining the reasons and keeping the receipt; Third, if the unit refuses to negotiate and forcibly handles the absence as if the employee had not attended work, fix the records of the notice, attendance, and deductions; Fourth, if no agreement can be reached, apply for arbitration to the labor dispute arbitration committee at the place where the labor contract is performed or the employer's location within the one-year arbitration statute of limitations. If you are unsure whether the arrangement is illegal, consult a professional lawyer as soon as possible.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on current effective laws and regulations and public 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 you encounter disputes, please consult a practicing lawyer in time.