Does the marriage leave unit have the right to deduct wages, and does the marriage leave deduct wage

According to Article 51 of the Labor Law, the employer shall pay wages to employees on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law.

In accordance with the provisions of Articles 19 and 44 of the Beijing Municipal Regulations on the Payment of Wages, the work of employees during marriage leave and maternity leave shall be determined according to the wage standards of the workers themselves as agreed in the labor contracts, and if there is no agreement in the labor contracts, they shall be determined according to the overtime wage base agreed in the collective contract and the wage standards during the leave period.

Not entitled, for the following reasons:

Those who meet the age of late marriage (23 years old for women and 25 years old for men) can enjoy 15 days of late marriage leave (including 3 days of statutory marriage leave).

According to the provisions of the Marriage Law and the Regulations on Family Planning, employees can enjoy the following benefits when they get married:

1) Marriage leave: 1. Those who get married 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. Those who meet the age of late marriage (23 years old for women and 25 years old for men) can enjoy 15 days of late marriage leave (including 3 days of statutory marriage leave).

3. If both the man and the woman do not work in the same place at the time of marriage, they may be given travel leave depending on the distance traveled.

4. If you get married during the period of home visit leave (visiting parents), no additional leave will be granted.

5. Marriage leave includes public holidays and statutory leave.

6. Those who remarry can enjoy statutory marriage leave, but cannot enjoy late marriage leave.

2) Salary during marriage leave: During marriage leave and travel leave, wages are paid as usual.

During the marriage leave, the salary is paid, which means how much you pay for a month of work, and how much is also how much you pay during the marriage leave.

Legal analysis: There is no deduction of wages for marriage leave, and there is a salary for marriage leave. Marriage leave pay shall be calculated in accordance with the wage standard agreed in the labor contract.

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 contract.

Legal basis: Article 11 of the Interim Provisions of the People's Republic of China on Payment of Wages stipulates that 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.

During the period when the employee is entitled to annual leave, home visit leave, marriage leave and bereavement leave in accordance with the law, the employer shall pay the employee's wages according to the standards stipulated in the labor contract.

Marriage leave is not subject to wage deduction.

Wages are paid during marriage leave, nursing leave, maternity leave and travel leave. Generally, the marriage leave is 3 days, and some areas have late marriage leave and travel leave. The employee himself is entitled to leave in accordance with the law when he or she gets married.

Marriage leave is a holiday given to workers when they get married, and the employer pays wages in full, which is the spiritual comfort of workers, reflects the welfare policy of workers, and is also the protection of their rights and interests, which is of great significance for mobilizing the enthusiasm of workers. 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 with the approval of the administrative leader of the unit according to the specific circumstances. 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.

Employees who marry late will be given 10 working days of marriage leave; For women who give birth late, the maternity leave is increased by 20 working days. The increased marriage leave and maternity leave are considered working hours. Employees who marry late or give birth late may be given a one-time reward or other benefits by their employers.

The newlyweds who marry at the age of marriage are 20 years old, and the man is 22 years old can enjoy three days of marriage leave.

Legal basis

Family Planning Law of the People's Republic of China

Article 25 Husbands and wives who give birth to children in accordance with the provisions of laws and regulations may receive incentives or other benefits for extended maternity leave.

The State supports the establishment of parental leave in places where conditions permit. Article 31: During the period when the State encourages a couple to have one child, couples who voluntarily give birth to only one child for the rest of their lives are to be issued a "Certificate of Honor for Parents of a Single Child".

Couples who have obtained the "Certificate of Honor for Parents of One Child" shall enjoy the reward of parents of one child in accordance with the relevant provisions of the state and provinces, autonomous regions and municipalities directly under the Central Government.

Where laws, regulations, or rules provide that the measures for giving rewards to couples who have received the "Certificate of Honor for Parents of One Child" are implemented by the unit to which they belong, the relevant units shall implement them.

During the period when the state advocates that a couple have one child, those who should enjoy incentives and assistance for the elderly in family planning families in accordance with regulations shall continue to enjoy the relevant incentives and support, and shall be given necessary priority and care in areas such as welfare and pension services for the elderly.

Legal analysis: Under normal circumstances, according to the Notice 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 within 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.

Legal basis: Article 51 of the Labor Law of the People's Republic of China 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 Interim Provisions on Payment of Wages During the period when an employee is entitled to annual leave, home 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.

It is unreasonable to deduct wages from marriage leave. The employer shall also pay wages to employees on statutory holidays, marriage and funeral leave, and during their participation in social activities in accordance with the law. If the employer illegally deducts the wages of the employee during the marriage leave, the employee may apply for labor arbitration to request the employer to pay the deducted wages.

Article 91 of the Labor Law Where an employer infringes upon the lawful rights and interests of a worker under any of the following circumstances, the labor administrative department shall order the employer to pay the worker's wages and economic compensation, and may also order the payment of compensation: (1) Withholding or defaulting on the wages of the worker without reason; (2) Refusal to pay wages and remuneration for extended working hours; (3) Paying wages to workers at a rate lower than the local minimum wage; (4) After the termination of the labor contract, the employee is not given economic compensation in accordance with the provisions of this Law.

There will be no deduction of wages for marriage leave. Iwa laughed blindly.

The state stipulates that when an employee of a company gets married, the employer should give one to three days of marriage leave, and the salary is paid within three working days. Therefore, during the national statutory marriage leave, wages will not be deducted.

Precautions for applying for marriage leave:

1. The number of marriage leave days is not uniform across the country, so newlyweds should check the number of marriage leave days in their own area before asking for marriage leave;

2. The time of marriage leave can not be interrupted, and it needs to be repaired at one time, if there may be a situation of statutory holidays and public holidays, the specific vacation time is best to inquire with the personnel department of the unit and then ask;

3. Marriage leave is also valid, generally within 3 months of receiving the marriage certificate, but also within half a year or within one year, depending on the rules and regulations of your unit;

4. The second marriage also has marriage leave, and the second marriage enjoys the same treatment as the first marriage;

5. Don't forget to write a marriage leave note when you ask for marriage leave.

To sum up, if an employee gets married, he or she can take one to three days of marriage leave, and the salary during the marriage leave shall be paid as usual, but the transportation expenses during the employee's leave shall be borne by the employee and shall not be borne by the employer.

Legal basis

Article 51 of the Labor Law of the People's Republic of China.

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 Interim Provisions on Payment of Wages.

During the period when the 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 standards stipulated in the labor contract.

Article 1 of the Circular of the State Administration of Labor and the Ministry of Finance on Issues Concerning Marriage and Funeral Leave and Journey Leave for Employees of State-owned Enterprises.

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 with the approval of the administrative leader of the unit according to the specific circumstances.

Legal analysisMarriage leave is a holiday given to the worker when he gets married, and the employer pays the wages in full, which is the spiritual comfort of the worker, reflects the welfare policy of the worker, and is also the protection of his rights and interests, which is of great significance for mobilizing the enthusiasm of the worker. Generally, the marriage leave is three days, but there are differences in local regulations, and it is necessary to take leave according to the local policy and regulations. Therefore, it is paid when taking marriage leave and will not be deducted from wages.

If it is illegal for the employer to deduct wages, the employee needs to protect his rights in accordance with the provisions of the law. It is generally necessary to apply for marriage leave in the company about half a month to a month in advance, but if the contract does not specify how long the marriage leave needs to be requested in advance, then the company has the right to default to one month.

Legal basisInterim Provisions on Payment of Wages》 Article 11 During the period when the 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 Zheng Suihe Labor Contract.