Taking marriage leave is undoubtedly a very happy thing for many people who have just entered the marriage hall. The newly married couple can use this holiday to go where they want to play together, get close to nature and relax themselves completely. How about the salary during the marriage leave?
According to the provisions of the marriage law and the family planning regulations, first marriage citizens who meet the legal age of marriage can enjoy 3 days of legal marriage leave. On December 21, 2015, the 18th meeting of the Standing Committee of the National People's Congress deliberated on the amendment (Draft) to the population and family planning law of the people's Republic of China, which deleted the provisions on rewards for late marriage and late childbearing couples and only child parents.
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, male 25) will no longer enjoy 15 days of late marriage leave, only 3 days of legal marriage leave.
3. If a man and a woman do not work in the same place at the time of marriage, they may be granted a journey leave depending on the distance.
4. If they get married during the family visit leave, they shall not be given another leave.
5. Marriage leave includes public leave and statutory leave.
6. Those who remarry may enjoy legal marriage leave, but not late 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. If they work in state organs, state-owned enterprises and institutions, in addition to enjoying the stipulated marriage leave of up to three days, they will be rewarded with an additional seven days' leave for late marriage.
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'.
2016 late marriage and late childbearing marriage leave policy
The draft amendment to the law on population and family planning stipulates that children born in line with the policy can be rewarded with extended maternity leave or other welfare treatment. At the same time, the draft amendment deleted the late marriage and late childbearing couples, who could be granted extended marriage leave, maternity leave rewards or other welfare benefits.
The first paragraph of Article 18 of the population and family planning law is revised as follows: the State encourages one couple to have two children; if the requirements of laws and regulations are met, it can be required to arrange for the reproduction of children. Specific measures shall be formulated by the people's Congress of a province, autonomous region or municipality directly under the central government or its Standing Committee.
Those who are in line with the policy can be rewarded with extended maternity leave or other welfare benefits. At the same time, the draft amendment deleted the late marriage and late childbearing couples, who could be granted extended marriage leave, maternity leave rewards or other welfare benefits.
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） If there is no agreement between the employer and the employee, the base for calculating the holiday salary shall be determined by 70% of the monthly salary of the employee's normal attendance.