The Remuneration Shall Not Be Shrinks During The Marriage Leave, But Shall Be Paid According To The Wages Paid By The Employees.

Q: I am a member of a private enterprise. I got married in February and applied for a marriage leave. After the approval of the unit leaders, they enjoyed ten days of marriage leave. In March, when wages were paid, wages were found to be less than 1000 yuan. The unit told me that during the vacation period, wages could only be paid according to the minimum wage in Tianjin. Is the practice of the unit legal?

Answer: according to the staff of the Tianjin city's human resources and social security telephone consultation service center, according to the regulations on the payment of wages in Tianjin (Tianjin People's Bureau issued [2003] 440), the document stipulates: Worker In accordance with the law, it is entitled to enjoy annual leave, family leave, marriage and funeral leave, and maternity leave (maternity leave) and family planning operation leave. During the holidays, employers should pay wages according to the wage standard stipulated in the labor contract. Vacation In the first 12 months, the average wage is paid for the workers. "

The employing unit shall pay the workers according to the minimum wage standard. Marriage holiday The practice of wages during the period is not correct. The workers should pay their wages and benefits normally during their marriage leave. If the employee and the employer dispute over the standard of wages during the period of marriage leave, they may apply to the labor dispute arbitration department for arbitration.

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A few days ago, the opinions of the CPC Central Committee and the State Council on building harmonious labor relations were officially released. After careful reading of the "opinion", we will find that there are specific opinions on how to implement paid vacation. At the same time, the opinion also stipulates that the establishment of harmonious labor relations should be included in the assessment index of local governments. Today, the welfare of workers is more secure. This policy consultation desk will invite relevant lawyers and experts to read a series of explanations about the employees' sabbatical.

The regulations on paid annual leave for employees clearly stipulate: "the cumulative employment of employees has been less than 10 years for 1 years, and the annual leave is 5 days; the annual leave of 10 years has already been 10 years for less than 20 years; the annual leave of 15 years has been 20 years.

In practice, some employers conclude labor contracts with laborers intermittently, and then avoid the statutory annual leave conditions during the waiting period between several labor contracts. One phenomenon is that workers are waiting for jobs every year, and there is no continuous work for 12 months. They also take leave as a holiday, and think that workers should not enjoy paid annual leave.

This policy advisory desk reminds us that we should distinguish between waiting for a job and vacation, with paid annual leave, while laborers enjoy normal wage income, while workers can only enjoy basic living expenses when they are on duty, so they can not be confused. The claim that the deadline for waiting for a job to meet the deadline is not valid. When this happens, workers should try to collect relevant evidence of continuous working hours, such as attendance records, work papers, payroll records and other materials, so as to win the initiative in the process of proof and complaints, and maintain their own paid vacation rights and interests.