How to calculate the salary of marriage leave in 2018
4hw.com.cn: marriage has been the top priority of life since ancient times, and it is a turning point of two people's lives. Marriage leave is a welfare treatment given to newlyweds in China. We all know that marriage leave is paid, so how is the salary for marriage leave stipulated? Let's have a look.
How to calculate marriage leave wage
Many units have their own 'local policies' on the time and salary payment of marriage leave, so many netizens ask whether the state and Shanghai have unified regulations on it?
According to the law, the employer may formulate its own rules and regulations, but the rules and regulations of each unit must conform to the national or regional laws and regulations. If the unit's' soil policy 'violates the existing laws and regulations, the rules and regulations are illegal and invalid, and have no binding effect on the employees. If the unit insists on following the "local policy", thus infringing the legitimate rights and interests of the employees, the employees can complain to the labor supervision department and report, and ask the unit to compensate for the losses.
On the issue of marriage leave, although the state has provisions on the rest and leave of employees, the notice on the application of marriage and funeral leave and journey leave for employees of state-owned enterprises has determined that the employees themselves can get married & hellip; & hellip;, which can be granted one to three days of marriage and funeral leave as appropriate with the approval of the administrative leader of the unit according to the specific situation. If the leave is within three working days, the salary shall be paid accordingly. &Hellip; & hellip; shall pay the employees during the approved marriage and funeral leave and journey leave. All the fares on the way shall be borne by the employees themselves. &Hellip; & hellip; however, there is no clear standard for wage calculation and payment. Therefore, there is no unified regulation applicable to the whole country in the payment standard of marriage leave. However, the Shanghai enterprise wage payment method, which was implemented on July 1 last year, has certain provisions on this issue.
According to the provisions of the measures of Shanghai Municipality on payment of enterprise wages, the wages during marriage leave shall be determined according to the following principles:
'(I) if there is an agreement in the labor contract, it shall be determined according to the wage standard corresponding to the position (position) of the laborer specified in the labor contract. If the standard determined in a collective agreement (wage collective agreement) is higher than that stipulated in a labor contract, it shall be determined in accordance with the standard of the collective agreement (wage collective agreement).
(2) if there is no agreement in the labor contract or the collective contract, it can be determined by the employer and the employee representative through collective negotiation on wages, and the collective agreement on wages shall be signed as the result of the negotiation.
(3) in the absence of any agreement between the employer and the employee, the calculation base of the holiday salary shall be determined by 70% of the monthly salary of the normal attendance of the employee's post (position).
The holiday wage base calculated according to the above principles shall not be lower than the minimum wage standard prescribed by this Municipality. If there are other provisions in laws and regulations, they shall prevail. '
The calculation of marriage leave salary may be different for each unit, but it is also only a slight difference, because it should conform to the law. You can consult your unit's policy specifically to see how to calculate the salary. If your problem is complex, we also provide online consulting services for lawyers. Welcome to come for legal consultation.