Author | Lawyer Jiang Kaiyan Source | Corporate Legal Detective
Current laws and regulations apply to unused marriage leave
There is no clear provision on whether wages need to be commuted
There are certain differences in judicial decisions in different places
so
Does the mainstream tend to need to be discounted or not?
Let's take a look at the relevant cases
Judge ideas and main reasons!
First, the main arguments in favor of commutation of wages
1. Marriage leave is a right of workers stipulated by the state.
If it is impossible to provide a clear response to the non-approval of marriage leave simply because the current law does not clearly stipulate, it violates the principle of fairness and is not conducive to protecting the legitimate rights and interests of workers.
2. Employer.
3. The employer shall be responsible for the employee's failure to take marriage leave in time.
The employee has applied for marriage leave according to the process requirements, but / the employer illegally terminated the labor contract.
Second, the main reasons for not supporting the conversion of wages
1. The employer is required to compensate for the unused marriage leave commutation salary [accounting for the highest proportion].
2. The employee has not provided evidence to prove that during the period of the labor contract [the proportion of this item reviewed in Guangdong is relatively high].
Marriage leave is a matter of personal privacy, and if the employer cannot accurately predict the employee's marital status and arrange the marriage leave, it should be arranged only after the employee takes the initiative to submit it to the employer.
3. The employee has not submitted the labor contract, etc.
From the perspective of judicial practice, the proportion of judgments that do not support commutation of wages for unused marriage leave may be relatively high.
For employers, it is recommended to clarify the period of leave and the leave process of marriage leave in the rules and regulations as much as possible, implement the right of approval, and standardize employment.
For employees, it is recommended to apply for leave from the employer as soon as possible when the conditions for marriage leave are met, keep relevant application and communication and negotiation traces (including but not limited to system records, emails, WeChat chat records, etc.), and exercise their rights in a timely manner (the law does not protect people who sleep on their rights). If the employer refuses to grant the marriage leave, it can complain to the local labor supervision department as soon as possible.