What is the legal source of the country s statutory marriage leave? Be specific!! 5

Updated on society 2024-03-17
7 answers
  1. Anonymous users2024-02-06

    Regarding marriage leave: The legal basis is the Notice of the Ministry of Finance of the State Administration of Labor [80] Lao Zong Xin Zi No. 29 and [80] Cai Qi Zi No. 41 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. Regarding late marriage leave: According to the regulations on population and family planning in various places, for example, in Article 33 of the "Shanghai Population and Family Planning Regulations", citizens who marry late shall be entitled to seven days of late marriage leave in addition to the marriage leave stipulated by the state.

    In addition to the maternity leave provided by the State, a woman who gives birth late in childbirth who meets the requirements of these Regulations shall have an additional 30 days of late childbirth leave, and her spouse shall enjoy three days of nursing leave for late childbirth. Enjoy the same treatment as marriage leave during late marriage leave, and enjoy the same treatment as maternity leave during late maternity leave and late maternity care leave.

  2. Anonymous users2024-02-05

    Legal analysis: According to the Social Insurance Law of the People's Republic of China, if you get married at the legal age of marriage (20 years old for women and 22 years old for men), you can enjoy 3 days of marriage leave. 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).

    Legal basis: "Duan Min of the Social Insurance Law of the People's Republic of China" Article 56: In any of the following circumstances, employees may enjoy maternity allowances in accordance with state provisions: (1) Female employees are entitled to maternity leave for childbirth; (2) Enjoy leave for family planning surgery; (3) Other circumstances provided for by laws and regulations.

    The maternity allowance shall be calculated and paid according to the average monthly salary of the employee in the previous year of the employer.

  3. Anonymous users2024-02-04

    At present, the national statutory marriage leave is a three-day statutory marriage leave, but different places will be adjusted according to specific circumstances. The law stipulates that couples who are paid during the period of marriage and funeral leave and who give birth to children in accordance with the provisions of laws and regulations can receive incentives or other benefits for extended maternity leave.

    Statutory Marriage Leave Provisions:

    1. 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), and the specific time should be in accordance with local regulations.

    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 marriage leave (including 3 days of statutory marriage leave) in the evening hall, and the specific time before the time is in accordance with local regulations.

    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.

    Legal basisArticle 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 40. Employers shall arrange leave for employees during the following holidays in accordance with the law:

    a) New Year's Day;b) Chinese New Year;

    c) International Labor Day;

    4) National Day;

    5) Other holidays and holidays as provided for by laws and regulations.

  4. Anonymous users2024-02-03

    Legal analysis: Marriage leave is currently a three-day statutory marriage leave according to regulations, and most provinces have cancelled late marriage leave. From the perspective of the regulations, the marriage leave in most provinces is under the general principle of canceling late marriage and late childbirth and providing for the extension of maternity leave, and the number of marriage leave days in most provinces is consistent with the national laws.

    Legal basis: Civil Code of the People's Republic of China

    Article 1046: Marriage shall be made entirely voluntary by both men and women, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

    Article 1047 The age of marriage shall not be earlier than 22 for men and 20 for women.

    Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

    Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. If the provisions of this Law are met, they shall be reconciled for registration and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

    Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

    Article 1051 Marriage shall be null and void under any of the following circumstances:

    a) Bigamy;2) Have a family relationship that prohibits marriage;

    3) They have not reached the legal age for marriage.

  5. Anonymous users2024-02-02

    1. There are several days of national statutory marriage leave.

    The statutory national marriage leave is 3 days, and there will be late marriage leave before, but since the change of the Civil Code, some areas have begun to gradually cancel the late marriage leave. However, although some regions have canceled the late marriage leave, the marriage leave time will be increased in various regions**.

    Beijing: 3 days of statutory marriage leave + 7 new days of marriage leave = 10 days.

    Shanghai: 3 days of statutory marriage leave + 7 new days of marriage leave = 10 days.

    Zhejiang: The statutory marriage leave is 3 days, and the late marriage leave is eliminated.

    Tianjin: 3 days of statutory marriage leave.

    Henan: 3 days of statutory marriage leave + 18 days of late marriage leave = 21 days.

    Jiangsu: 3 days of statutory marriage leave + 10 days of late marriage leave = 13 days.

    2. The latest laws and regulations on marriage leave.

    1. Only newlyweds who meet the national legal marriage age, male students are at least 22 years old, and female students are 20 years old, can they enjoy the 3-day marriage leave they deserve.

    2. The state has begun to cancel the late marriage leave one after another, so even if the man and woman meet the age of late marriage (25 years old for men and 23 years old for women), they cannot enjoy the late marriage leave.

    3. If the man and woman are married in different places, then they can be given corresponding travel leave according to the distance of the journey.

    4. Men and women who get married during family visit leave will no longer be given additional marriage leave.

    5. Marriage leave includes weekends and statutory holidays.

    6. Remarried persons still enjoy the right to marriage leave.

  6. Anonymous users2024-02-01

    Legal Analysis: Yes, the marriage leave is currently a three-day statutory marriage leave according to the regulations, and most provinces have cancelled the late marriage leave. From the perspective of the regulations, the marriage leave in most provinces is under the principle of canceling late marriage and late childbirth and extending maternity leave, and the number of marriage leave days in most provinces is consistent with the national laws.

    Legal basis: Labor Law of the People's Republic of China Article 51 The employer shall pay wages to the workers in accordance with the law during the statutory holidays, marriage and funeral leave, and during the period when the workers participate in the social activity movement in accordance with the law.

  7. Anonymous users2024-01-31

    Legal analysis: According to the Social Insurance Law of the People's Republic of China, if you get married at the legal age of marriage (20 years old for women and 22 years old for men), you can enjoy 3 days of marriage leave. 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).

    Legal basis: Social Insurance Law of the People's Republic of China Article 56 In any of the following circumstances, employees may enjoy the maternity allowance in accordance with the provisions of the state: (1) Female employees are entitled to maternity leave for childbirth; (2) Enjoy leave for family planning surgery; (3) Other circumstances provided for by laws and regulations.

    The maternity allowance shall be calculated and paid according to the average monthly salary of the employee in the previous year.

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