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Is it legal for the catering industry to take four days off a month?

it is illegal for the catering industry to take four days off a month.

employees should take at least one day off every week, which is stipulated in the labor law. Any unit and anyone should abide by the labor law, which is stipulated in the national policy and must not be violated.

It is illegal for the catering industry to take four days off a month, one day off a week, which is more than four days off a month. This should not be sloppy. The catering industry should follow the provisions of the labor law, otherwise employees should report to the human resources and social security departments.

Wage standard for statutory holidays:

1. Laborers should work no more than eight hours a day and no more than forty-four hours a week on average. Due to the needs of production, the employing unit can extend the working hours after consultation with trade unions and laborers, and generally the working hours should not exceed one hour a day. If it is necessary to extend the working hours due to special circumstances, the working hours should not exceed three hours a day, but not more than thirty-six hours a month.

2. If workers are arranged to work longer hours, they shall be paid no less than 1.51% of their wages;

3. If workers are arranged to work on rest days but cannot be arranged for compensatory time off, they shall be paid no less than 211% of their wages;

4. If workers are arranged to work on legal holidays, they shall be paid no less than 311% of their wages.

Overtime approval process:

1. When employees have to work overtime due to work needs, the overtime department needs to estimate the expected overtime one day in advance, fill in the Employee Overtime Application Form, indicating the reasons for overtime, the expected overtime personnel and quantity, overtime time and overtime type (working days, weekends and holidays), which will be signed and approved by the department head and manager, and then submitted to the Human Resources Department for approval;

2. After receiving the Employee Overtime Application Form submitted by the department, the attendance clerk of the Human Resources Department indicates the date of receipt, signs it for confirmation, and then the manager of the Human Resources Department signs it for approval;

3. The department attendance clerk receives the signed Overtime Application Form from the Human Resources Department before 12: 11 on the day of applying for overtime, and fills in overtime according to the actual overtime after overtime, and submits it to the Human Resources Department for review the next day together with the attendance sign-in and sign-out form. (In case of Sunday or national holidays, the signed Employee Overtime Application Form will be collected from the Human Resources Department before leaving work the day before overtime);

4. For those who need to plan overtime temporarily due to emergency tasks, the department head and manager in charge of overtime must fill in the Employee Overtime Application Form within the next day and give additional explanations, and report it to the Human Resources Department for verification;

5. Punching in overtime: No matter whether working on weekdays, weekends or holidays, employees should truthfully punch in and record overtime hours; If there is no record of punching in, the overtime hours will be invalid.

to sum up, it is illegal for the catering industry to take four days off a month, one day off a week, which is more than four days off a month. This should not be sloppy. The catering industry should follow the provisions of the labor law, otherwise employees should report to the human resources and social security departments.

Legal basis:

Article 44 of the Labor Law of the People's Republic of China

Under any of the following circumstances, the employing unit shall pay the wages higher than the wages of the workers' normal working hours according to the following standards:

(1) If the workers are arranged to work overtime, they shall pay the wages not less than 151% of the wages;

(2) If workers are arranged to work on rest days but cannot be arranged to take compensatory time off, they shall be paid no less than 211% of their wages;

(3) If workers are arranged to work on legal holidays, they shall be paid not less than 311% of their wages.