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Marriage leave pay shall be calculated in accordance with the wage standard agreed in the labor contract. According to Article 11 of the Interim Provisions on Payment of Wages issued by the Ministry of Labor, during the marriage leave, the employer shall pay the wages of the employee in accordance with the wage standard stipulated in the labor contract. The wage standard stipulated in the labor contract refers to the wage standard corresponding to the position (position) of the employee as stipulated in the labor contract.
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If there is a salary, it shall be paid according to the salary agreed in the labor contract.
According to the Labor Code
Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Interim Provisions on Payment of Wages".
Article 11 During the period when a worker is entitled to annual leave, family leave, marriage leave and bereavement leave in accordance with the law, the employer shall pay the wages of the worker according to the standard stipulated in the labor contract.
Notice on Issues Concerning Marriage and Funeral Leave and Travel Leave for Employees of State-owned Enterprises
1. When an employee gets married or his immediate family members (parents, spouse and children) die, he or she may be granted one to three days of marriage and funeral leave according to the specific circumstances and with the approval of the administrative leader of the unit.
2. The two parties did not work in the same place at the time of the employee's marriage; In the event of the death of an employee's immediate family member in a foreign country, if the employee needs to go to the other place to take care of the funeral, he or she may be granted travel leave according to the distance traveled.
3. During the approved period of marriage and funeral leave and travel leave, the wages of employees shall be paid as usual. The transportation and boat expenses on the way shall be borne by the employees.
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The "Measures for the Payment of Wages by Enterprises," which came into effect on 1 July last year, have certain provisions on this issue. 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 pay shall be determined at 70% of the monthly salary of the employee's normal attendance at the post (position).
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.
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There are regular companies. Now there are so many private enterprises, how can there be norms.
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Legal analysis: Calculation of marriage leave salary: if there is a labor contract, it is calculated according to the salary agreed in the labor contract; If a collective contract is signed, and the collective contract wage is higher than the labor wage, it shall be calculated according to the wage of the collective contract; If no contract or agreement has been signed, the calculation method of marriage leave and leave pay shall be 70% of the monthly salary of the party at the time of normal attendance; Other.
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.
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The salary of marriage leave shall be paid by the employer normally, and the number of days of marriage leave shall be negotiated with the local labor department. The number of days of marriage leave varies from place to place. The salary for marriage leave shall be calculated according to the wage standard agreed in the labor contract.
According to Article 11 of the Interim Provisions on Payment of Wages issued by the Ministry of Labor, during the marriage leave, the employer shall pay the wages of the employee in accordance with the wage standard agreed in the labor contract. The wage standard agreed in the labor contract refers to the wage standard corresponding to the position (post) of the employee as agreed in the labor contract.
Wages should be paid in full during the marriage leave. It is illegal to withhold wages. The Interim Provisions on Payment of Wages, which came into force on January 1, 2008, do not mention the number of days of marriage leave [1980] Lao Zong Ji Zi No. 29, but are still applicable.
So in general, marriage leave is 1-3 days, and if you don't work in one place, you can give another distance leave according to the distance. "The former Ministry of Labor issued the (59) Lao Zi No. 67 Circular on June 1, 1959, which stipulates that the wages of employees of enterprises shall be paid within three working days of marriage and funeral leave.
Since the trial implementation of the measures, some units and employees have reported that when employees get married, both parties do not work in the same place, and when the employee's immediate family members die, the employee needs to take care of the funeral in other places, which brings certain practical difficulties to the employee.
After research, the following notice is hereby given on the issue of marriage and funeral leave and personal leave for employees: 1When an employee gets married or his immediate family members (parents, spouses, children) die, he or she may be granted one to three days of marriage and funeral leave according to the specific circumstances and with the approval of the administrative leadership of the unit.
2.When an employee gets married, the parties do not work in the same place; When the immediate family members of non-local workers pass away, they need to go to other places to take care of the funeral, they may be taken away according to the distance. 3.
During the approved period of marriage and funeral leave and family leave, the employee's salary is paid as usual. Travel expenses on the way, etc. It's all up to the employees.
4.The above provisions shall be implemented from the month of issuance of this notice. - Labor Law Contract Law of the Ministry of Finance of the State Administration of Labor (February 20, 1980, Lao Zong Ji Zi No. 1980 No. 29).
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During marriage leave and travel leave, wages are paid, i.e., paid leave. If you work in a state agency, state-owned enterprise, or public institution, in addition to enjoying the prescribed maximum of 3 days of marriage leave, you will be rewarded with an additional 7 days of vacation for late marriage.
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During the marriage leave, the salary needs to be paid, that is, paid leave, in addition to the maximum of 3 days of marriage leave for those who work in state organs, state-owned enterprises, and public institutions, late marriage will be rewarded with an additional 7 days of leave.
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In general, the salary for paid marriage leave is only calculated as the basic salary, and other wages such as performance and commissions are not calculated.
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The salary of paid marriage leave is the monthly basic salary, which is divided by the number of days of statutory marriage leave.
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The salary of paid marriage leave is very easy to calculate, and this will generally only pay you a basic salary.
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According to the Circular on Issues Concerning Marriage and Funeral Leave and Travel Leave for Employees of State-owned Enterprises, if an employee gets married, the employer shall grant one to three days of marriage and funeral leave as appropriate, and if the leave is less than three working days, the salary shall be paid accordingly. As for holidays of more than three days, there is currently no clear uniform standard for calculating and paying wages across the country. However, according to the relevant regulations of Shanghai, in addition to the 3 days of marriage leave, first-time marriages who meet the age of late marriage (male employees over 25 years old and female employees over 23 years old) shall have an additional week of marriage leave.
Taking Shanghai as an example, according to the Measures for the Payment of Wages by Enterprises in Shanghai, the wages and bonuses during the 10-day 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 of the employee as agreed in the labor contract. Where the standards set forth in the collective contract are higher than those agreed in the labor contract, they are to be determined in accordance with the standards of the collective contract.
2. If there is no stipulation in the labor contract or the contract for the collection of birds, it may be determined by the employer and the employee representatives through collective wage negotiation, and a collective wage agreement shall be signed as a result of the negotiation. 3. If there is no agreement between the employer and the employee, the calculation base of the holiday salary shall be determined according to 70% of the monthly salary of the employee's normal attendance. It should also be noted that the holiday wage base calculated according to the above principles shall not be lower than the minimum wage standard stipulated by Shanghai.
Interim Provisions on Payment of Wages".
Article 11. During the period of marriage leave, the employer shall pay the employee's wages in accordance with the wage standard stipulated in the labor contract. The wage standard stipulated in the labor contract refers to the wage standard corresponding to the position (position) of the employee as stipulated in the labor preparation contract.
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.
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Article 51 of Chapter 4 of the new Labor Law: Employers shall pay wages in accordance with the law during statutory holidays, weddings and funerals, and participation in social activities in accordance with the law.
The new labor law stipulates that marriage leave is the only one, and the so-called statutory leave is in accordance with the provisions of the family planning regulations
1.Those who marry according to the legal age of marriage (20 years old for women and 22 years old for men) can enjoy 3 days of marriage leave.
2.If both the man and the woman do not work in the same place at the time of marriage, they shall be given distance leave depending on the distance.
3.If you get married during the period of family leave (visiting your parents), you will no longer be granted leave.
4.Marriage leave includes public holidays and statutory leave.
The cancellation of late marriage leave has been confirmed
The Standing Committee of the National People's Congress deliberated and adopted the revised Population and Family Planning Law. The new Family Planning Law removes the provision that encourages late marriage and late childbearing, and advocates that those who give birth to children in accordance with the law can enjoy the relevant incentives for extended maternity leave and other related social benefits. The cancellation of "late marriage leave" has also settled.
As a post-80s generation, I caught up with the one-child policy, the college entrance examination reform, the opening of the second child, the cancellation of late marriage leave, and the postponement of retirement, while my medical profession caught up with the medical reform.
In this regard, Zhang Chunsheng, director of the Legal Department of the National Health and Family Planning Commission, said that the reason for canceling late marriage and late childbirth leave is that the age of first marriage for men and women is about 25 years old, and the age of first childbearing is over 26 years old. In view of this new reproductive behavior, the State no longer particularly encourages late marriage and late childbearing, because too old age is not conducive to the safety and health care of mothers and babies, nor is it conducive to the health of older women.
If there is an agreement in the labor contract, it shall be determined in accordance with the wage standard corresponding to the employee's position (position) as agreed in the labor contract. Where the standards set in the collective contract (collective wage agreement) are higher than those agreed in the labor contract, they are to be determined in accordance with the standards of the collective contract (collective wage agreement).
If there is no stipulation in the labor contract or collective contract, it may be determined by the employer and the employee representatives through collective wage negotiation, and the result of the negotiation shall be a collective wage agreement.
If there is no agreement between the employer and the employee, the calculation base of the holiday pay shall be determined at 70% of the monthly salary of the post (position) where the employee normally attends.
The holiday wage base calculated in accordance with 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.
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The Labor Law stipulates that there are 15 days of marriage leave after marriage, and the salary for marriage leave is the basic salary plus the marriage allowance.
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The first point of the labor law stipulates that marriage leave actually means that women's marriage leave is about three months, and the second point is the calculation of the salary of marriage leave, which is the same as the normal salary.
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The leave for marriage leave is generally half a month or about 13 days; Wedding wages are paid according to the normal salary.
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. >>>More
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