-
Reasonable, there is a sentence "no laborer shall not eat", does not violate the "Labor Law", bonus refers to the compensation for completing a certain amount of work, leave should not be paid, and employees enjoy the same salary income during the annual leave period as during the normal working period. It refers to salary income and does not include others, which is the embodiment of the principle of fairness.
Article 2 of the Regulations on Paid Annual Leave for Employees Employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees and other units shall enjoy paid annual leave (hereinafter referred to as annual leave) if they have worked continuously for more than one year. The employer shall ensure that the employee is entitled to annual leave. Employees are entitled to the same salary during the annual leave period as they would during normal work.
Article 4 Employees who have any of the following circumstances shall not be entitled to the annual leave of the current year:
1) Employees enjoy winter and summer vacations in accordance with the law, and the number of days of vacation exceeds the number of days of annual leave;
2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with regulations;
3) Employees who have worked for 1 year but less than 10 years and have taken sick leave for more than 2 months;
4) Employees who have worked for 10 years but less than 20 years and take sick leave for more than 3 months;
5) Employees who have worked for more than 20 years and have taken sick leave for more than 4 months.
-
Friends, you can refer to Article 45 of the Labor Law: The state implements a paid annual leave system.
Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.
Article 51 stipulates that the employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.
The employer shall pay wages in accordance with the law. Salary includes basic salary, post salary, and performance appraisal salary.
-
Marriage leave is statutory leave, and national holidays, holiday holidays, and Sundays are the same concept, so not deducting wages (wages: that is, the number of wages received by workers on the wage passbook every month) is the same operation, there is no need to do everything possible to divide the salary into a number of details, let alone "no work, no food" to distort (labor law) The behavior of deducting wages from marriage leave is a misinterpretation of the law, and it is the leaders of the unit who are trying to open up the economic distance with front-line workers, empathy, and there is no reasonable explanation. This is against the original intention of the state to take marriage leave!
It is illegal to have your wages deducted from your salary for marriage leave!
Salary is the amount of money you actually receive each month on your payroll. Marriage leave is a statutory holiday of the country, and the period of marriage leave is regarded as the same as normal work, so there is no question of how to calculate the salary of marriage leave during marriage leave.
Marriage leave is the same as other statutory holidays (leave is paid as normal work), because this is the spiritual comfort of the state to the workers, reflecting the local welfare policy of the first to the workers to take marriage leave without deducting wages, but also the protection of the rights and interests of the workers, and it is of great significance to mobilize the enthusiasm of the workers.
If the salary is deducted for marriage leave, how is the marriage leave the same as other statutory holidays? What is the difference between marriage leave and personal leave? If marriage leave is the same as personal leave, then why should the state legislate for marriage leave?
Where is the original intention and significance of the country's marriage leave as a statutory leave? Therefore, it is obvious that deducting wages for marriage leave is an illegal act of "not deducting wages on statutory holidays"!
So such a simple and clear truth that no wages will be deducted on statutory holidays, will you not understand as a unit leader? Definitely! This is due to the fact that the regulators are weak or ineffective in supervising the leaders, and even inaction is ......I hope that the legal and regulatory functional departments can enforce the law like gold!
Impartial! It is hoped that the supervision department will seriously investigate and deal with the units that deduct wages from marriage leave! Resolutely correct!
Justly uphold the legality and seriousness of marriage leave! Truly safeguard the original intention and significance of the national statutory marriage leave! (Digression:.)
That is the National Day, Mid-Autumn Festival, March 8th Festival, ......How is the salary calculated? Is there a breakdown rule as well? Why has it never been so complicated?
-
Yes! I only paid the basic salary when I took maternity leave, but when I got married, my annual leave should not add up to a month! The salary and performance of the position should not be absent!
-
Annual leave is a paid holiday, and you can only enjoy the basic salary during the break, and the performance of you who does not go to work depends on the specific regulations of each unit.
-
This is the company's opening up in order to save resources. . .
-
In these years, only the leader has the final say!
-
Legal Fractional Mess Analysis: Reasonable. Marriage leave is a paid holiday, that is, during the leave, the employer shall pay the employee the salary for normal working hours.
The salary during the marriage leave should be paid in full, which refers to the basic salary, and generally does not include bonuses, overtime pay, etc. It is reasonable if the employer only pays the basic salary.
Legal basis: Labor Law of the People's Republic of China Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, as well as during the period of legal reference and social activities.
-
Legal analysis: Marriage leave is a statutory holiday, and wages must be paid in full, which should refer to the basic salary, that is, overtime pay and the like are not paid, and others should be paid in full.
Legal basis: Labor Law of the People's Republic of China Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.
-
Wages are paid during marriage leave. According to the laws of our country, it is the basic right of workers to enjoy marriage leave. When an employee gets married, the employer generally grants one to three days of paid leave.
In order to encourage late marriage and late childbearing, for young people who marry later, some places will give about 10 days of paid leave in addition to the 3 days of leave stipulated by the state. Sharp-eyed.
Article 51 The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during the period of participating in social activities in accordance with law.
Interim Provisions on Payment of Wages".
Article 11 During the period when a worker is entitled to annual leave, family visit leave, marriage leave, and bereavement leave in accordance with the law, the employer shall pay the worker's wages according to the standards stipulated in the labor contract.
1. Is the salary only the basic salary during the marriage leave?
Marriage leave is paid in full, which is the basic salary of the employee, and there is no overtime pay and bonuses. According to Article 11 of the Provisional Regulations on the Payment of Wages, wages during the marriage leave shall be determined in accordance with the following principles:
1) 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 worker as agreed in the labor contract. Where the standard determined in the collective contract (collective wage agreement) is higher than the standard agreed in the labor contract, it shall be determined in accordance with the standard of the collective contract (collective wage agreement).
2) If there is no stipulation in the labor contract or collective contract, the employer and the employee representatives may negotiate the collective wage rate, and the result of the negotiation shall be the signing of a collective wage agreement.
3) If there is no 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 employee's normal attendance at the post (position) where the employee is located. The holiday wage base calculated according to the above principles shall not be lower than the minimum wage standard stipulated by the city. Where laws and regulations provide otherwise, follow those provisions.
2. Whether the marriage leave is paid basic salary or full salary.
Marriage leave is paid in full, which is the basic salary of the employee, and there is no overtime pay and bonuses. According to the provisions of the Measures for the Payment of Wages by Enterprises, the wages during the marriage leave shall be determined according to the following principles:
1) 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 worker as agreed in the labor contract. Where the standard determined in the collective contract (collective wage agreement) is higher than the standard agreed in the labor contract, it shall be determined in accordance with the standard of the collective contract (collective wage agreement).
2) If there is no stipulation in the labor contract or collective contract, the employer and the employee representatives may determine the wage through collective negotiation, and the result of the negotiation shall be a collective wage agreement.
3) If there is no 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 employee's normal attendance at the post (position) where the employee is located. The holiday wage base calculated according to the above principles shall not be lower than the minimum wage standard stipulated by the city. Where laws and regulations provide otherwise, follow those provisions.
-
It is unreasonable to pay only the basic salary for marriage leave. During the period of marriage leave, the employer shall pay wages in accordance with the provisions of the labor contract. If the employer deducts wages, the person who is in distress may report to the labor administrative department or apply to the labor dispute arbitration commission for arbitration.
Article 51 of the Labor Law of the People's Republic of China stipulates that the employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law. Article 11 of the Circular of the State Administration of Labor and the Ministry of Finance on Issues Concerning Marriage and Funeral Leave and Travel Leave for Employees of State-owned Enterprises Article 11 During the period when an employee is entitled to annual leave for search and travel, family leave, marriage leave and bereavement leave in accordance with the law, the employer shall pay the wages of the employee according to the standard stipulated in the labor contract.
-
Marriage leave is paid with wages, and the salary for marriage leave shall be calculated in accordance with the wage standard agreed in the labor contract. Wages shall be paid in legal tender, and shall not be paid in actual search objects and valuable alternative currencies. The employer shall pay the wages to the employee.
If the worker is unable to receive wages for any reason, his relatives or entrusting others to collect the wages on his or her behalf.
Article 51 of the Labor Law of the People's Republic of China stipulates that the employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during the period of participating in social activities in accordance with the law. Article 11 of the Interim Provisions on Payment of Wages stipulates that during the period when an employee is entitled to annual leave, family leave, marriage leave and bereavement leave in accordance with the law, the employer shall pay the employee's wages according to the standard stipulated in the labor contract.
-
Marriage leave is paid and calculated according to the wage standard agreed in the labor contract. The employer shall not deduct or default on the wages of the employee without reason. If the employer fails to pay the employee's marriage leave wages, the labor department and the government department shall order the employee to pay the salary within a time limit; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable.
[Legal basis].Article 5 of the Labor Law of the People's Republic of China.
Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 51.
The employer shall pay wages to workers on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.