← Back to country collection

Does changing employers reset my work history for annual leave?

Scope: Mainland China · national annual-leave regulation; Shanghai explanationSource checked: 4 October 2026
Official guidanceSource published: 30 June 2017Coverage / exclusions: Eligibility and statutory exceptions still apply; contractual enhanced leave should be checked separately.

Separate cumulative work history from time at the current employer and the leave already used.

Reading body prepared:4 October 2026

Content review lead:Lemon

Cumulative service is not just this employer

Annual-leave days depend on qualifying cumulative work time, including relevant periods at different employers. Shanghai HRSS’s national-regulation explanation distinguishes that history from scheduling and partial-year calculations. Eligibility, the full-year day entitlement and the amount available for a joining or leaving year are separate questions. Rest days and statutory holidays are also different from annual-leave days used.

Prepare a work-history timeline

List previous employers, start and end dates and periods whose treatment you need clarified. Gather documents you lawfully hold, such as employment certificates or relevant contribution records. Ask HR which evidence it accepts. Do not assume that every gap counts as employment or that one payroll system automatically has all your earlier service.

Compare entitlement with the leave ledger

Request the annual entitlement, qualifying basis, year used and days already taken. Mark ordinary leave, enhanced contractual leave and time off in lieu separately. If the balance changed on joining, ask whether the reason is a partial-year calculation, eligibility or a missing history record. These are different questions and need different evidence.

Discuss dates without treating leave as automatic approval

Propose dates through the employer's stated process and keep the response. A disagreement about entitlement does not itself approve an absence. If the record is wrong, request a specific correction with the timeline attached, and obtain local advice on an unresolved dispute. Keep records after leaving because the same ledger can affect final settlement.

Example: a low balance has more than one explanation

Hypothetical illustration: a worker with earlier employment joins a new employer partway through the calendar year and sees a small leave balance. Keep the previous employment evidence and ask: “Have you included my qualifying work history, which full-year entitlement applies, and how did you prorate this year?” This separates a missing-history problem from a legitimate partial-year calculation. The example does not assume a particular day band or treat every gap as employment.

Next steps if unresolved

If your employer does not correct the record or explain the calculation, you can seek local labor dispute mediation or arbitration. Bring your timeline, documents, and any written responses from HR. The local labor authority can help interpret the national regulation. Keep copies of all correspondence and records, but do not copy company secrets or customer data to a personal archive. Retain records lawfully for future reference.

Need to take the next step?

References

Shanghai HRSS · annual leave questions

This is our independently written reading guide. Reference details are recorded below.

https://rsj.sh.gov.cn/tmsztc_17502/20200617/t0035_1379209.html

https://xzfg.moj.gov.cn/front/law/detail?LawID=208

More from this country