State regulations on rest in service industry

No decision made by any unit or administrative department can go beyond the law. According to the law, the employer shall ensure that workers have at least one day off every week and enjoy national statutory holidays, such as Labor Day, Spring Festival and National Day. Due to the nature of work, if you can't rest on legal holidays, you should arrange a rest by rotation or pay the corresponding overtime pay. According to relevant regulations, all citizens should make up their holidays on working days in case of Saturday and Sunday. If some citizens have a holiday on Saturday and Sunday, they will not be compensated. In addition, other festivals and anniversaries, such as February 27th, May 30th, July 7th Anti-Japanese War, September 18th Memorial Day, Teachers' Day, Nurses' Day, Journalists' Day and Arbor Day, do not have holidays. There are no holidays in traditional festivals such as the Lunar Double Ninth Festival in China. The calculation method of overtime pay for work on holidays is not allowed on legal holidays, and the overtime pay is three times, allowed on weekends, twice, and 1.5 times at other times.

legal ground

Article 36 of the Labor Law of People's Republic of China (PRC) * * * The state practices a working-hour system in which the daily working hours of laborers do not exceed eight hours and the average weekly working hours do not exceed forty-four hours. Article 37 The employing unit shall, in accordance with the working hours system stipulated in Article 36 of this Law, reasonably determine the labor quota and piecework remuneration standard for the workers who carry out piecework. Article 38 The employing unit shall ensure that workers have at least one day off every week. Article 39 If an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may take other measures for work and rest with the approval of the labor administrative department.