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How does the catering industry stipulate annual leave?
Legal analysis

The Regulations on Paid Annual Leave for Employees stipulates that employees who have worked for 1 year but are less than 10 years, take annual leave for less than 5 days 10 years and less than 20 years, take annual leave for 10 days. National statutory holidays and rest days are not included in paid annual leave. The employing unit shall, according to the specific conditions of production and work, and considering the wishes of the employees themselves, make overall arrangements for the annual leave of employees, which can be arranged centrally or by sections, but generally it should be arranged within 1 year. Calculation of annual leave salary of employees: for the number of days of annual leave that employees should take, the company pays annual leave salary at 300% of employees' daily salary.

legal ground

Regulations on paid annual leave

Article 1 These Regulations are formulated in accordance with the Labor Law and the Civil Service Law in order to protect the right of workers to rest and vacation and arouse their enthusiasm for work.

Article 2 Employees of government organs, organizations, enterprises, institutions, private non-enterprise units and individual industrial and commercial households with employees who have worked continuously for more than 1 year shall enjoy paid annual leave (hereinafter referred to as annual leave). The unit shall ensure that employees enjoy annual leave. During the annual leave, employees enjoy the same salary as during normal work.

Article 3 The employees who have worked for more than 1 year but less than 10 years have taken annual leave for five days but less than 20 years, and those who have taken annual leave for more than 20 years have taken annual leave for 10/5 days. National statutory holidays and rest days are not included in the annual leave.

Article 4 Employees shall not enjoy annual leave in the current year under any of the following circumstances:

(a) employees enjoy the winter and summer vacations according to law, and the number of vacation days is more than the number of annual vacation days; (2) Employees leave for more than 20 days and the unit fails to deduct wages according to regulations; (3) Employees who have worked for 1 year but are less than1year have taken sick leave for more than 2 months; (4) Employees who have worked for 10 years but less than 20 years have taken sick leave for 3 times.

Fifth units according to the specific situation of production and work, and taking into account the wishes of employees, make overall arrangements for employees' annual leave. Annual leave can be arranged centrally or in sections within 1 year, generally not across years. If it is really necessary for the unit to arrange annual leave for employees across years due to the characteristics of production work, it can be arranged across 1 year. If the unit really cannot arrange annual leave for its employees due to work needs, it may not arrange annual leave for employees with the consent of the employees themselves. The number of days of annual leave that employees should take, the unit shall pay the annual leave salary according to 300% of the daily salary of employees.

Article 6 The personnel department and labor and social security department of the local people's government at or above the county level shall, according to their functions and powers, take the initiative to supervise and inspect the implementation of these Regulations by units. Trade unions shall safeguard employees' annual leave rights according to law.

Article 7 Where a unit fails to arrange annual leave for its employees in accordance with the provisions of these Regulations and fails to pay annual leave wages, the personnel department or labor and social security department of the local people's government at or above the county level shall order it to make corrections within a time limit according to its functions and powers. In addition to ordering the unit to pay the annual leave salary, the unit shall also pay compensation to the employees according to the amount of the annual leave salary, and refuse to pay the annual leave salary and compensation. Where the unit where civil servants and personnel managed by reference to the Civil Service Law belong, the directly responsible person in charge and other directly responsible personnel are punished by other units according to law, the labor and social security department, personnel department or employees shall apply to the people's court for compulsory execution.

Article 8 Disputes arising from annual leave between employees and units shall be handled in accordance with the provisions of relevant state laws and administrative regulations.

Article 9 The personnel department of the State Council and the labor and social security department of the State Council shall, in accordance with their functions and powers, formulate measures for the implementation of these Regulations respectively.