It seems that most companies in the country do not have family leave, is it a violation of labor law

I think the score of family leave is also determined by the situation, the rules are set by people, the rules are dead but people are alive, and now many enterprises are different in scale, so the system is also different.

Institutional factors determine family leave. According to a regulationProvisions on the treatment of employees visiting relativesNot all employees must be able to enjoy home leave, and three conditions must be met to enjoy statutory home leave: at the same time, state organs, people's organizations, and enterprises and institutions of the whole people ownership of the staff;year-round work; Separate from spouse, parents, and holidays

Specifically, according to the "regulation", the people of each province and the municipality directly under the central government can formulate implementation rules, so it is different from place to place.

Especially,There are three types of family leave:Spouse, once a year, 30 days at a time, travel expenses to be borne by the unit; Once a year for unmarried parents, every 20 days or 2 years, 45 days each time, and the travel expenses are borne by the unit; Married to parents, 4 years, 20 days, round-trip expenses should be within 30% of the standard monthly salary, which is more than the employer's burden. Other special instructions are:

Family leave is paid leave, and the employer needs to pay wages; Holiday holidays include public holidays and statutory holidays, but the round-trip time should be deducted. Employees who implement the leave system shall not arrange separate holidays in principle, and shall have a holiday during the visit, and the school staff shall also visit during the summer and winter vacations, but if the vacation time is short, the compensatory day can be appropriately arranged.

According to these regulations, family leave is not available in all state-owned enterprises, and it must be decided according to many factors, such as geographical issues and employees' own family factors, whether there is home leave or not depends on different circumstances.

I work in Harbin, and I can't even guarantee the most basic rest. I don't usually pay subsidies for overtime, the labor contract is signed, and the labor law is not fulfilled, so I can only endure it in order to make money.

Personally, I feel that so many labor laws and regulations have never been enforced, and I just don't follow them at the head office of the security service:For more than 10 years, we have not paid "five insurances and one housing fund" for our security guards, and we have never rested or compensated for holidays on weekends and holidays, and it has been a yearThere is no day off for the first day, and there is no statutory overtime pay, let alone family leave and paid annual leave. Such a serious violation of the labor law has lasted for 18 years, why has no one investigated and dealt with it?

How can it be okay to violate labor laws and regulations?

The so-called family leave is paid leave, the unit pays wages; Holidays include public holidays and holidays to leave home, but the travel time should be deducted according to the actual distance as a holiday; Implement leaveEmployees of the system, who do not arrange holidays to visit relatives, should visit relatives during holidays, and also school staff take vacations to visit relatives in winter and summer, but if it is short, appropriate arrangements can make up for the days when the family is away.

Where in state organs, people's organizations and state-ownedEmployees of enterprises and institutions who have worked regularly for one year, do not live with their spouses, and cannot reunite on public holidays, can enjoy the rules of their spousesmust be dealt with; If you do not live with your father or mother and cannot be reunited on public holidays, you can enjoy the treatment of visiting your parents. However, staff members who go to an official holiday reunion with their parents are not entitled to the treatment of visiting their parents.

The so-called humanization, no rest is also a serious violation of the national labor law, workers are not allowed to take annual leave and family leave, and the current company will not care about any annual leave for the benefit of the company.

The provisions of the Labor Law of the People's Republic of China on family visit leave are as follows:

1. If an employee visits his or her spouse, one party shall be granted home visit leave once a year, and the leave shall be 30 days;

2. In principle, unmarried employees who visit their parents will be given leave once a year, and the leave is 20 days. If the employer cannot give leave in the current year due to work needs, or if the employee voluntarily visits his relatives once every two years, he or she can take leave once every two years, and the leave is 45 days;

3. Married employees who visit their parents shall be given leave once every four years, and the leave for Sun Wu shall be 20 days.

To be eligible for family leave, the following conditions must be met:

1. The main condition: only employees working in state organs, people's organizations, enterprises and institutions owned by the whole people can enjoy home visit leave;

2. Time strips or pieces. Have worked for one year;

3. Subject conditions. First, if you do not live with your spouse and cannot reunite on public holidays, you can enjoy the treatment of visiting your spouse. Second, those who do not live with their father and mother and cannot reunite on public holidays can enjoy the treatment of visiting their parents.

Legal basis] Kaishan.

Provisions on the treatment of employees visiting relatives

Article 4 All employees who implement the leave system (such as school teachers and staff) should visit their relatives during the vacation period: if the vacation period is relatively short, the unit may make appropriate arrangements to make up the number of days of their home visit leave.

Legal analysis: According to the laws of our country, it is not legal.

Legal basis: Article 2 of the "Provisions on the Peaceful Treatment of Employees Visiting Relatives" Any permanent employee who has worked for one year in state organs, people's organizations, enterprises owned by the whole people, and public institutions, and does not live together with his or her spouse and cannot reunite on public holidays, can enjoy the treatment of visiting his spouse in these provisions; Those who do not live with their father or mother, and cannot reunite on public holidays, may enjoy the benefits of visiting their parents in these provisions. However, if an employee and his father or mother are able to reunite on a public holiday, they cannot enjoy the privilege of visiting their parents in these provisions.

Legal Analysis: In the current regulations, there is no provision that family visit leave is mandatory, so it is legal for the company to have no home leave.

Legal basis: Article 4 of the "Provisions on the Treatment of Employees Visiting Relatives" stipulates that family visit leave is divided into the following types:

1) To visit one's spouse, one party shall be granted home visit leave once a year for 30 days.

2) Unmarried employees visiting their parents will be given leave once a year, 20 days, or once every 2 years, 45 days, depending on the actual situation.

3) Married employees visiting their parents are given leave once every 4 years, 20 days. Family visit leave refers to the time when employees reunite with their spouses, parents and parents, and travel leave is granted according to actual needs. All of the above holidays include public holidays and statutory holidays.

4) Employees who implement the leave system (such as school staff) should visit their relatives during the leave period; If the leave period is short, the employer may make appropriate arrangements to make up the number of days of home leave.