Family planning is the basic national policy in China. China has long encouraged late marriage and childbearing, and has certain compensation for this. In the past, the state encouraged late marriage and late childbearing, so there will be late marriage leave for young people, so does the state still have late marriage leave in 2018? How many days is the legal break for marriage leave in 2018?
Nowadays, the young people in the city don't get married until they are very late. When some people ask for marriage leave from the unit, they are told that the late marriage leave has been cancelled and can only be given three days.
In China, the provision of reward for late marriage and late childbearing couples is deleted. That is to say, since January 1, 2018, the implementation of the amendment to the population and family planning law of the people's Republic of China, late marriage and late childbearing couples will no longer have late marriage leave and late childbearing leave.
I. is there any leave for late marriage in 2018?
Marriage leave is the leave given by the workers when they get married, and the employers pay the wages in full. It is the spiritual comfort for the workers, reflects the government's welfare policy for the workers, and also the protection of their rights and interests, which is of great significance to mobilize the enthusiasm of the workers. At present, the provisions on marriage leave are as follows:
1. Those who marry according to the legal age of marriage (female 20, male 22) can enjoy 3 days of marriage leave.
2. In accordance with the local population and family planning regulations, those who meet the late marriage age (23 for women and 25 for men) can enjoy 10-30 days of late marriage leave (including 3 days of legal marriage leave), which will be cancelled from January 1, 2016.
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. The leave time of marriage leave is a continuous leave, including the time of double holidays.
6. Those who remarry may enjoy legal marriage leave, but not late marriage leave.
Existing regulations on late marriage leave:
According to the existing marriage law and the family planning regulations, couples who marry at the legal age of marriage (20 for women and 22 for men) can enjoy three days of marriage leave.
According to the local population and family planning regulations, couples with late marriage age (female 23, male 25) can enjoy 10-30 days of late marriage leave (including 3 days of legal marriage leave), 15 days in Zhejiang (3 days of marriage leave + 12 days of late marriage leave).
Couples who are in line with the late childbearing age (women have their first child after the age of 24) can extend their maternity leave for 30 days (women).
Cancellation of late marriage leave in 2018
According to the draft amendment, the late marriage leave and late childbearing leave will be cancelled from January 1, 2017.
However, the human resources department of a state-owned enterprise said that as long as the new policy is not implemented, it will be implemented according to the old policy. Therefore, as long as you take the marriage certificate to ask for leave before December 31, those who meet the conditions can still enjoy the late marriage leave.
2. How to pay marriage leave salary?
In general, according to the notice on the application of marriage and funeral leave and journey leave for employees of state-owned enterprises, when the employees get married, the employer shall give them one to three days of marriage and funeral leave as appropriate. If the leave is within three working days, the salary shall be paid accordingly. As for those who take more than three days off, there is no unified standard for wage calculation and payment in China.
1. If there is an agreement in the labor contract, it shall be determined according to the wage standard corresponding to the position of the laborer specified in the labor contract. If the standard determined in a collective contract is higher than the standard stipulated in the labor contract, it shall be determined according to the standard of the collective contract.
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. If there is no agreement between the employer and the employee, the calculation base of holiday salary shall be determined by 70% of the monthly salary of the employee's normal attendance.
In addition, the holiday wage base calculated according to the above principles shall not be lower than the local minimum wage standard.