| Summary: | 碩士 === 中原大學 === 財經法律研究所 === 101 === Annual leave system is stipulated in article 38 of our Labor law, and annual leave scheduling should be comply with a rule of “consulation” between labor and employer, which is stipulated in article 24 of rules for implementation that also stipulated how unholiday bonus should be paid. For further understanding the implementation of annual leave system, duing that aviation industry is not only contains three different kind of working hour system but also as a combination of 2 types of service industry about warehousing and others(ex, Pliots and flight attentants), this article chooses aviation industry as an analysis object. In other words, this article expects that via discussing the regulation and implementation of annual leave in aviation industry would lead an understanding the annual leave system in our Labor Law.
The purpose of this article is by collecting and analyzing the regulation of annual leave in Aviaiton Industry in form-oreiented and content-oriented method, which can also assist to have an overview of annule leave of our Labor law. Further, to analyze that should it be needed for aviation industry of building up a different annule leave system since there are different kind of working hour system fits in aviation industry. On the other hand, after the examination annual leave system of aviation industry, this article would also like to make a suggestion to the annual leave system of our Labor law.
In research methodology, this article uses literature to collect, analyze, and compare the content of aviation industry for conclude and analisis. To start with discussing the legal nature and the controversy of annual leave system, which based on the viewpoint of executive, doctrine and judicial practice. After getting an overall view of annual leave syetem, then to analyz collecting annual leave regulation of aviation industry. Further, to make a questionare based on the discuessed viewpoint, and dispatch to aviation-industry-workers to know an actual situation of imlpementaiton situation of annual leave in aviation industry.
This was found out by this research that annual leave system was built to fit our Labor law in aviation industry, however, while comply with rule of “consulation” between labor and employer has degree difference influenced by the category of workers, working hour system, and human resource management. Especially for flight attent is most differcult one result from its shift should comply with different laws besides Labor law. Another thing to mention is that even there are is deferred annual leave regulation in our Labor law, but which is now implemented in aviation industry.
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