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Except for the prescribed rest days and statutory holidays, the rest are attendance days.
Paid leave does not belong to attendance, but leave is not considered absenteeism, and there is a basic salary, and the salary base is assessed! It's the same as when you have a Sunday off.
If your doubts are solved, buddy. I want to give points, >
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Your actual attendance day is only two days less than your supposed attendance day.
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There are provisions in the new marriage law, which are statutory holidays and do not deduct money.
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Marriage leave and incentive marriage leave.
According to the Regulations on Marriage and Funeral Leave and Travel Leave for Employees of State-owned Enterprises (promulgated on February 20, 1980) issued by the former State Administration of Labor and the Ministry of Finance, when an employee of a state-owned enterprise gets married, the enterprise shall grant 1-3 days of marriage leave according to the specific circumstances. If the husband and wife do not work in the same place and one party needs to go to the other party's location to get married, the enterprise should also grant the employee travel leave according to the actual needs. During the period when employees take marriage leave and travel leave, the enterprise should pay wages accordingly.
The transportation and transportation expenses of the employees on the road shall be borne by the employees themselves. At present, the state has not made specific provisions on marriage leave for employees of non-state-owned enterprises.
According to the family planning regulations promulgated by some provinces, autonomous regions, and municipalities directly under the Central Government, employees of any enterprise, including state-owned enterprises, who marry at a later date, may enjoy incentive marriage leave. Late marriages are made for men who have reached the age of 25 and women who have reached the age of 23. Where a man and a woman marry later, the marriage leave shall be increased by 14 days in addition to the marriage leave provided by the State.
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Marriage leave does not count as attendance.
In addition to the provisions of rest days and statutory holidays, the rest are attendance days, and marriage leave is not a statutory holiday, marriage leave is generally less than 3 days, although marriage leave is also the basic welfare of employees, but it has nothing to do with the attendance award, so marriage leave is not considered attendance, but vacation is not considered absenteeism, and there is a basic salary. Marriage leave is a holiday enjoyed by the worker himself in accordance with the law 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 also protects the rights and interests of the worker, and is of great significance for mobilizing the enthusiasm of the worker.
Article 11 of the Interim Provisions on Payment of Wages.
During the period when the employee is entitled to annual leave, home leave, marriage leave and bereavement leave in accordance with the law, the employer shall pay the wages of the employee in accordance with the standard stipulated in the labor contract.
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Legal Analysis: Marriage leave is paid, and marriage leave is paid leave. Marriage leave refers to the leave enjoyed by the employee when he or she gets married, and the salary during this period is paid by the employer. The employer shall grant the employee three days of marriage leave after completing the marriage registration formalities.
Article 25 of the Population and Family Planning Law of the People's Republic of China provides that couples who give birth to children in accordance with the provisions of laws and regulations may receive incentives or other benefits for extended maternity leave.
Article 26 of the Population and Family Planning Law of the People's Republic of China During pregnancy, childbirth and breastfeeding, women shall enjoy special labor protection in accordance with the relevant provisions of the State and may receive assistance and compensation for their care. Citizens who undergo family planning surgery are entitled to leave as prescribed by the state; Local people** can give incentives.
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.
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Legal analysis: There are several days of statutory marriage leave, and three days of paid leave.
1.The legal time of paid leave for marriage is three days, which is aimed at people who have just reached the age of marriage, such as women under the age of 20 and men under the age of 11, but once the woman is 23 years old and the man is 25 years old and married, then enjoy 15 days of late marriage leave, depending on the company's rules and regulations.
2.If it is introduced by the company itself, there is no single chain of Li Du's leave to extend the marriage leave, it is a paid leave, no matter how many days, as long as it is promised, it will definitely be paid.
Marriage leave refers to the leave enjoyed by the worker himself 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. The number of days of late marriage leave is inconsistent across the country, and it is stipulated in the local population and family planning regulations, most provinces and cities extend or increase the number of days of marriage leave (plus and he/she relationship), and some directly stipulate the number of marriage leave days (including relationships) that meet the requirements of late marriage.
Marriage leave includes weekends and statutory holidays.
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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Marriage leave counts as normal attendance. Statutory marriage leave is paid leave, which should be counted as attendance, and wages should be paid accordingly, and cannot be deducted. Marriage leave pay shall be calculated in accordance with the wage standard agreed in the labor contract.
Marriage leave pay shall be calculated in accordance with the wage standard agreed 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.
If the attendance bonus is within the scope of the salary agreed in the labor contract, the deduction of the full attendance award violates the provisions of the labor contract, and it is illegal. On the contrary, if the attendance bonus is not within the salary range agreed in the labor contract, the distribution method formulated by the employer in accordance with the law stipulates that the full attendance bonus may be deducted according to the regulations.
What are the national holidays?
1. New Year, 1 day off (January 1);
2. Spring Festival, 3 days off (at the beginning of the first lunar month.
First, the beginning. 2. The third year of junior high school); The rider laughs.
3. Qingming Festival, 1 day off (on the day of Qingming in the lunar calendar);
4. Labor Day, 1 day off (May 1);
5. Dragon Boat Festival, 1 day off (on the day of the Dragon Boat Festival in the lunar calendar);
6. Mid-Autumn Festival, 1 day off (on the day of the Mid-Autumn Festival in the lunar calendar);
7. National Day, 3 days off (October 1st, 2nd, 3rd).
Legal basisInterim Provisions on Payment of Wages".
Article 11. During the period when an employee is entitled to annual leave, family leave, marriage leave, or bereavement leave in accordance with the law, the employer shall pay the employee's wages according to the standards stipulated in the labor contract.
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Legal analysis: Statutory marriage leave is paid leave, which should be counted as attendance, and the salary of bad work should be paid according to the salary, and it cannot be deducted. Marriage leave pay shall be calculated in accordance with the wage standard agreed in the labor contract.
Marriage leave pay shall be calculated in accordance with the wage standard agreed 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 on the Payment of Wages During the period when an 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 labor contract.
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Legal analysis: Article 11 of the Interim Provisions on Payment of Wages issued by the Ministry of Labor stipulates that "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".
According to this article, if the full attendance award is closed within the salary range agreed in the labor contract, the deduction of the full attendance award violates the provisions of the labor contract, and it is also illegal. On the contrary, if the attendance bonus is not within the scope of the salary agreed in the labor contract, and the distribution method formulated by the employer in accordance with the law stipulates that the attendance bonus will be deducted, it may be deducted according to the regulations.
Legal basis: Labor Law of the People's Republic of China Article 51 During the period when an employee participates in social activities on statutory holidays and marriage and funeral leave, the employer shall pay ICBC verification in accordance with the law.
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Legal analysis: Article 11 of the Interim Provisions on Payment of Wages issued by the Ministry of Labor stipulates that "during the period when an 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 labor contract".
According to this article, if the attendance bonus falls within the scope of the salary agreed in the labor contract, the deduction of the full attendance award violates the provisions of the labor contract and is illegal. On the contrary, if the attendance bonus is not within the salary range agreed in the labor contract, and the distribution method formulated by the employer in accordance with the law stipulates that the attendance bonus may be deducted according to the regulations.
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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