What should I do if the company doesn’t provide marriage leave?
Recently, the discussion about the rights and interests of marriage leave has become a hot topic. Many newcomers in the workplace have reported that their companies refuse to approve marriage leave for various reasons, which has attracted widespread attention. This article will combine the hot content on the Internet in the past 10 days to analyze the legal regulations, common disputes and response strategies for marriage leave.
1. Legal provisions related to marriage leave
| area | Legal number of days of marriage leave | Late marriage bonus leave (cancelled) |
|---|---|---|
| Universal nationwide | 3 days | Canceled (after 2016) |
| Beijing | 3 days + 7 days (travel leave) | - |
| Shanghai | 3 days + 7 days (late wedding leave) | Canceled |
| Guangdong | 3 days | - |
2. Common reasons why companies refuse to approve marriage leave
According to complaints from netizens and labor inspection cases, the main reasons why companies refuse marriage leave include:
| Reason type | Proportion | legitimacy |
|---|---|---|
| Busy business period | 42% | Illegal |
| Employees on probation | 28% | Illegal |
| Not applied in advance | 18% | partially legal |
| annual leave deduction | 12% | Illegal |
3. Rights protection step guide
If you encounter rejection of marriage leave, it is recommended to take the following measures:
| steps | Specific operations | Things to note |
|---|---|---|
| first step | Written application to retain evidence | Submit via email/OA system |
| Step 2 | Communicate with HR | Record and save communication records |
| Step 3 | Complain to the Labor Inspectorate | 12333 hotline |
| Step 4 | Apply for labor arbitration | Valid within 1 year |
4. Typical cases of rights protection during marriage leave in 2023
Rights protection cases that have sparked heated discussions recently:
| Case | Processing results | Amount of compensation |
|---|---|---|
| Hangzhou e-commerce company refuses to approve marriage leave | The company repays 3 times the salary | 8720 yuan |
| Shenzhen technology companies require annual leave deductions | Resumption of marriage leave + compensation | 5600 yuan |
| Chengdu educational institutions refuse leave during probation period | Compensation for termination of labor contract | 3 months salary |
5. Expert advice
1.Plan ahead: It is recommended to clarify the marriage leave clause in the labor contract and confirm the company's leave system when joining the company.
2.Evidence awareness: Keep a complete chain of evidence such as marriage certificates, leave records, rejection notices, etc.
3.Negotiation takes priority: 85% of marriage leave disputes are resolved through negotiation to avoid direct confrontation
4.Pay attention to timeliness: Labor arbitration must be filed within 1 year of infringement of rights and interests
6. Statistics of hotly discussed opinions among netizens
| opinion tendency | Support ratio | Typical message |
|---|---|---|
| Support rights protection according to law | 67% | "Marriage leave is a legal right and cannot be compromised." |
| Understand the company’s difficulties | 18% | "Small companies are really short of manpower" |
| Suggest a compromise | 15% | "You can take vacations in stages to relieve stress." |
According to Article 51 of the Labor Law and Article 11 of the Interim Provisions on Wage Payment, the employer shall pay wages to workers during their marriage leave in accordance with the law. In case of infringement, it is recommended to promptly file a complaint with the local human resources and social security department, or seek the help of a professional lawyer.
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