Is it legal to stipulate the duration of marriage leave?

The employer stipulates that the period of use of marriage leave is legal.

Marriage leave is a marriage leave granted by law, that is, the employer gives the employee a certain amount of time to arrange his or her marriage-related matters, and the employer pays the salary according to the wage standard agreed in the labor contract. Marriage in law is to obtain a marriage certificate, and marriage leave should be arranged within a certain period of time after receiving the marriage certificate. The employer's stipulation on the period of use of marriage leave is in accordance with the law.

However, if an employer stipulates the period of use of marriage leave, it shall, in accordance with Article 4 of the Labor Contract Law, discuss with the workers' congress or all employees, put forward plans and opinions, negotiate with the trade union or employee representatives on an equal footing, and publicize the provisions.

Legal analysis: 1. The state does not stipulate the validity period of marriage leave, that is, it does not stipulate how long it takes for the marriage leave to be taken after registering and receiving the marriage certificate.

2. Although there is no mandatory uniform provision for the validity period of marriage leave, the company or unit will make corresponding provisions, some are within three days after registering and receiving the marriage certificate, some are within half a year, some are one year, etc. Employees shall abide by such regulations of the unit. At the same time, since it is a marriage leave, it is not advisable to take it for a long time after receiving the marriage certificate.

3. To explain one point, marriage leave should be taken at one time.

Legal basis: Labor Law of the People's Republic of China Article 40 An employer shall arrange leave for employees during the following holidays in accordance with the law:

a) New Year's Day; 2) Spring Festival;

3) International Labor Day;

4) National Day;

5) Other holidays and holidays as provided for by laws and regulations. Article 45 of the Labor Law of the People's Republic of China 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 ***.

How long is the marriage leave valid and how long it will be taken.

1. There is no provision on the validity period of marriage leave, that is, there is no provision on how long the marriage leave must be taken after registering to receive the marriage certificate.

2. For the validity period of marriage leave, although the state does not have mandatory unified regulations, the general company or unit will make corresponding provisions, some are within three days after registering and receiving the marriage certificate, some are within half a year, some are one year, etc. Employees shall abide by such regulations of the unit. At the same time, since it is a marriage leave, it is not advisable to take it for a long time after receiving the marriage certificate.

3. To explain one point, marriage leave should be taken at one time.

About the rules of marriage leave.

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. Those who meet the age of late marriage (23 years old for women and 25 years old for men) will no longer enjoy the reward of late marriage leave, and only 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.

Legal analysis: There are no provisions at the legal level, only at the level of administrative regulations and normative documents. Marriage leave of 1-3 days, and travel leave for both parties who are not in the same place, this document was for state-owned enterprises at that time. Usually we calculate the maximum of 3 days.

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

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1004 Article 17 The age of marriage shall not be earlier than 22 years old for men and 20 years old for women.

Article 1048 Marriage is prohibited for direct blood relatives or collateral blood relatives of the Hunger Sail Regiment 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. Where the provisions of this Law are met, they are to be registered, and a marriage certificate is issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

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China's law does not limit the length of marriage leave, which is generally 3-7 days. 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.

1. Is the company's failure to pay wages for eight months considered wage arrears?

The company has not paid wages for eight months, which is arrears of wages. Wages shall be paid to the worker in monetary form on a monthly basis or, in the case of holidays or rest days, in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.

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.

2. Is it reasonable to deduct wages during the Spring Festival holiday?

It is unreasonable to deduct wages during the Spring Festival holiday, and the situation is as follows:

1. Wages shall be paid to the worker in the form of money on a monthly basis. shall not deduct or delay the wages of workers without reason;

2. The employer shall pay wages to the workers during the statutory or lead holidays, marriage and funeral leave, and during the period of participating in social activities in accordance with the law.

Generally speaking, the Spring Festival holiday will not exist for a month, but if the rough partner unit takes a month off, the employer can put the minimum wage and cannot deduct the wage, so it must be in accordance with the labor law when dealing with it, so it can be considered reasonable.

3. The latest labor law stipulates how many days of bereavement leave.

The Labor Law of the People's Republic of China stipulates that the number of days of bereavement leave needs to be determined according to the actual situation.

Bereavement leave is a leave granted to the employee in the event of the death of his or her spouse or immediate family member. Bereavement leave shall generally not exceed 5 days; If the immediate family members of the deceased employee are in other places and the employees need to go to other places to take care of the funeral, the enterprise shall give the employees travel leave according to the distance of the journey, but it shall generally not exceed 7 days except for the journey. During the period of bereavement leave and travel leave, the enterprise shall pay the wages of the employees as usual, and the excess time of the employees shall be treated as personal leave.

During the period of statutory holidays, marriage and funeral leave, and the period of participating in social activities in accordance with the law, the employer shall pay wages in accordance with the law. According to the provisions of the above relevant laws and regulations, employees are entitled to paid bereavement leave in accordance with the law. Therefore, the company should grant paid bereavement leave to employees in accordance with national laws and regulations.

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.