New policy on marriage leave in 2017
4hw.org: marriage leave refers to the leave regulations enjoyed by legal couples after marriage. It is the welfare treatment given to newlyweds by the state. Do you know how many days is the legal marriage leave in 2017? Is there any late marriage leave in 2017? The following four seas to summarize some of the latest provisions on national marriage leave, let's have a look!
Provisions of the state on marriage leave
1. Those who marry according to the legal age of marriage (female 20, male 22) can enjoy 3 days of marriage leave.
2. Those who meet the late marriage age (female 23 years old, male 25 years old) will no longer enjoy the reward of late marriage leave, only 3 days of legal marriage leave.
3. If both men and women do not work in the same place at the time of marriage, the distance can be regarded as far or near, and the distance leave will be given additionally.
4. If you get married during the family visit leave (parents' visit), no other leave will be given.
5. Marriage leave includes public leave and statutory leave.
6. Those who remarry can enjoy legal marriage leave.
Salary treatment between marriage leave and journey leave
During marriage leave and journey leave, the salary will be paid as usual, that is, paid leave.
Provisions on marriage leave for second marriage
Remarriage and first marriage should enjoy the same treatment of marriage leave. According to the relevant provisions of our country, employees enjoy three days of marriage leave. The labor and social security department has made a clear reply to the question of marriage leave of remarried persons, that is, 'according to the marriage law of the people's Republic of China and the provisions of the state on employees' marriage leave, the legal status of remarried persons and first married persons is the same, and the employer shall refer to the relevant provisions of the state for remarried employees and give them the same treatment of marriage leave as first married employees'.
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Formal cancellation of late marriage leave
On the afternoon of December 27, 2015, at a press conference of the Standing Committee of the National People '.
The previous family planning law stipulated that 'citizens who marry late and have children late can get extended marriage leave, maternity leave rewards or other welfare benefits. 'in this revision of the family planning law, the clause is modified as:' couples who have children in accordance with the provisions of laws and regulations can obtain the reward of extended maternity leave or other welfare benefits. '
According to the survey, at present, the age of first marriage and first childbearing of the masses is significantly delayed than before, and the average age of first childbearing of women in Beijing and other big cities has exceeded 30 years. The postponement of marriage and childbearing age not only shortens the birth window period of modern women, but also causes social problems such as the increase of old mothers, the increase of infertility rate and the increase of birth defects.
Zhang said that at present, the age of first marriage in China is about 25 years old, and the age of first childbearing is about 26 years old. In view of the situation of marriage and childbearing, the revision of family planning law no longer restricts late marriage and late childbearing, and the original late marriage leave will be cancelled accordingly.
It is worth noting that the specific days of marriage leave are regulated by local family planning regulations, and the time is not uniform in different regions. Before the local methods are clearly modified, the previous provisions shall be implemented, and the employer shall not change them at will.
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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).
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(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 above is the latest legal knowledge about the legal marriage leave regulations of the state. Those who get married according to the legal marriage age (female 20, male 22) can enjoy 3 days of marriage leave. Those who meet the late marriage age (female 23 years old, male 25 years old) will no longer enjoy the reward of late marriage leave, only 3 days of legal marriage leave. If your situation is complicated or you have other questions, please come to chinalaw.com for online legal consultation, and we will have a professional lawyer to help you