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Article 51 of the Labor Law provides that 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. The "Opinions on the Wages and Benefits of Workers and Employees of Enterprises Working Overtime, Personal Leave, Sick Leave and Suspension of Work" stipulates that in order to take care of the old habits of our country, regardless of whether the marriage and funeral leave of workers and employees is within three working days, the wages shall be paid as usual; If it exceeds three working days, no wages will be paid.
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According to the provisions of the Marriage Law and the Regulations on Family Planning, first-married citizens who meet the legal age of marriage are entitled to three days of statutory marriage leave; Those who marry late and marry for the first time can enjoy 15 days of late marriage leave (including 3 days of statutory marriage leave); Second-married persons can only enjoy 3 days of statutory marriage leave, and cannot enjoy late marriage leave.
National regulations on 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
Day 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.
Salary during marriage leave and travel leave.
During marriage leave and travel leave, wages are paid, i.e., paid leave. If you work in a state agency, state-owned enterprise, or public institution, in addition to enjoying the prescribed maximum of 3 days of marriage leave, you will be rewarded with an additional 7 days of vacation for late marriage. If the person who marries late lives in the town but does not have a job, or is the owner of a private enterprise, the neighborhood committee or the town ** will generally give the corresponding reward for late marriage.
If the late marriage is an employee of a private enterprise, the boss should also give them marriage leave, which is the same as in a state-owned enterprise.
Provisions on marriage leave for second marriage.
1. Enjoy the salary during the second marriage leave: during the marriage leave and travel leave, the salary will be paid as usual.
2. Provisions on the number of days 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
Day 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.
Under normal circumstances, the maximum marriage leave is three days, and the specific time of marriage leave for late marriage is now generally based on the regulations of each province or municipality directly under the Central Government in accordance with the "Population and Family Planning Law of the People's Republic of China", and the regulations are not consistent across the country.
Remarried persons shall be entitled to the same marriage leave treatment as those who marry for the first time. According to the relevant regulations of our country, employees enjoy three days of marriage leave. The Ministry of Labor and Social Security has given a clear answer to the question of marriage leave for remarried employees, that is, "according to the spirit of the Marriage Law of the People's Republic of China and the provisions of the state on marriage leave for employees, the legal status of remarried persons is the same as that of first-married employees, and the employer shall refer to the relevant provisions of the state to give the remarried employees the same marriage leave treatment as first-married employees".
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Marriage leave and paid leave are both statutory holidays, and if one is taken, the other cannot be taken.
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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. When employees take statutory leave, marriage and funeral leave, or participate in social activities in accordance with the law, the employer shall pay wages in accordance with the law.
Marriage leave is a statutory holiday, but it is not equivalent to annual leave, and marriage leave has nothing to do with the number of years of service. Whether marriage leave can be compensatory leave has not yet been clearly explained by relevant laws and regulations, but it can be resolved through coordination with the unit.
The number of days of marriage leave is as follows:
1. According to the legal age of marriage, women at the age of 20 and men at the age of 22 can enjoy three days of marriage leave;
2. Those who meet the age of late marriage, 23 years old for women and 25 years old for men, no longer enjoy late marriage leave, but the statutory marriage leave is only three days;
3. When getting married, men and women do not work in the same area, but according to the distance between the two people, they are given distance leave;
4. If you get married during the family visit, you are not allowed to take any more holidays;
5. Marriage leave includes public holidays and statutory leave, and remarried people can also enjoy statutory marriage leave.
The wages during the marriage leave are as follows:
1. If there is a labor contract, it shall be determined that it shall not be lower than the normal wage standard of the employee's position as agreed in the labor contract, and if the standard determined in the collective contract is higher than the standard stipulated in the labor contract, it shall be determined in accordance with the collective contract;
2. If there is no stipulation in the labor contract or collective contract, it can be determined by the employer and the employee representatives through collective wage negotiation, and a collective wage agreement shall be signed as a result of the negotiation;
3. If there is no agreement between the employer and the employee, the base for calculating the leave salary shall be determined according to 70% of the employee's normal monthly salary, and the base amount of leave salary calculated according to the regulations shall not be lower than the minimum wage standard.
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 law.
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Paid annual leave generally refers to paid annual leave, and paid leave includes holidays such as Spring Festival, Labor Day, and National Day, which is wider than paid annual leave. Paid annual leave is a leave granted to an employee because he or she has worked for the employer for more than one year.
Article 2 of the Regulations on Paid Annual Leave for Employees Employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, etc., shall enjoy paid annual leave (hereinafter referred to as annual leave) if they have worked continuously for more than one year. The employer shall ensure that the employee is entitled to annual leave. Employees are entitled to the same salary during the annual leave period as they would during normal work.
Article 3 of the Regulations on Paid Annual Leave for Employees If an employee has worked for 1 year but less than 10 years, he or she shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave. National statutory holidays and rest days are not included in the annual leave. Article 4 of the Regulations on Paid Annual Leave for Employees Employees shall not be entitled to the annual leave of the current year if they have any of the following circumstances:
1) Employees are entitled to cold and summer vacation in accordance with the law, and the number of days of leave is more than the number of days of annual leave; (2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with regulations; (5) Employees who have worked for more than 20 years and have taken sick leave for more than 4 months.
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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.
Legal basisArticle 25 of the Law of the People's Republic of China on Population and Family Planning and Childbirth Planning Couples who meet the requirements of laws and regulations to give birth to children 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 and may receive assistance and compensation in accordance with the relevant provisions of the State. 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 Lao Huiji in accordance with the law during the statutory holidays, marriage and funeral leave, and during the period when the employee participates in social activities in accordance with the law.
The above is only for the current information of Tuanzhou combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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Yes, the marriage leave is a paid holiday. Laws and regulations: Article 51 of the Labor Law of the People's Republic of China
The employer shall pay wages to the employee during the statutory holidays, marriage and funeral leave, and during the period of participating in social activities in accordance with the law. The Opinions of the Ministry of Labor on the Wages and Benefits of Workers and Employees of Enterprises Working Overtime, Personal Leave, Sick Leave and Suspension of Work stipulates that, in order to take care of the old habits of our country, regardless of whether the marriage and funeral leave of workers and employees is within three working days, the wages shall be paid as usual (not included in the personal leave in item 2 above); If it exceeds three working days, no wages will be paid.
Paid annual leave for work-related injuries.
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