2021 Statutory Holidays, Annual Leave, Maternity Leave, Marriage and Funeral Leave Regulations and Benefits
For hard-working migrant workers, normal weekly rest days and statutory holidays can allow us to relieve fatigue, release pressure, relax, and rest Only after the end can we put into work in a better state. In today's article, we mainly talk about the regulations, time and benefits of various vacations.
Weekly rest day
Under normal circumstances, Saturday and Sunday are weekly rest days, weekends are not paid, and there are 104 days in a year.
"The Labor Law of the People's Republic of China" stipulates in Article 44 that if the laborer is arranged to work on the rest day and cannot arrange compensatory leave, the wage remuneration shall not be lower than 200% of the wage. Enterprises and public institutions that cannot implement the unified working hours stipulated in the preceding paragraph may flexibly arrange weekly rest days according to the actual situation. According to the first question of "Regulations of the State Council on the Working Hours of Employees" (Labor Ministry Fa [1995] No. 187), qualified enterprises should implement the standard of 8 hours a day and 40 hours a week as much as possible. Working hours system . Therefore, it is legal for some companies to divide 40 hours into 6 days and take 1 day off.
Statutory holidays
National statutory holidays in 2021, a total of 11 days: New Year’s Day (January 1), Spring Festival 3 days (the first, second and third day of the first month of the lunar calendar), Ching Ming Festival (the day of Qingming in the lunar calendar), Labor Day (May 1), Dragon Boat Festival (the day of the Dragon Boat Festival in the lunar calendar), Mid-Autumn Festival (the day of the Mid-Autumn Festival in the lunar calendar), and National Day (October 1, 2, and 3).
According to the provisions of Article 44 of the "Labor Law of the People's Republic of China", if the laborer is arranged to work on statutory holidays, the wage remuneration shall not be less than 300% of the wage.
"State Council's National Holidays and Memorial Day Holiday Measures": If the holidays for all citizens fall on Saturdays and Sundays, they should be made up on working days. If the holidays of some citizens fall on Saturdays and Sundays, no holidays will be made up. Note that if the holidays of some citizens do not fall on a rest day, and the employer requires the laborer to go to work normally, the employer does not need to pay overtime pay.
Maternity leave
According to Article 7 of the "Special Regulations on Labor Protection for Female Employees" : female employees are entitled to 98 days of maternity leave, of which 15 days can be taken before giving birth; Give birth to 1 more baby and increase maternity leave by 15 days. Female employees who have a miscarriage within 4 months of pregnancy are entitled to 15 days of maternity leave; those who have a miscarriage after 4 months of pregnancy are entitled to 42 days of maternity leave.
According to the "Sichuan Province Population and Family Planning Regulations", couples who meet the requirements of these regulations to have children, in addition to laws and regulations, extend the maternity leave of the woman for 60 days, and give the man 20 days of nursing leave. Maternity leave and nursing leave are regarded as attendance, and wages and benefits remain unchanged.
Prenatal leave: Prenatal leave for female employees who are pregnant for more than seven months (including seven months) is subject to the approval of the unit, which is not mandatory.
Breastfeeding leave:
Article 9 of the "Special Provisions on Labor Protection for Female Employees" stipulates that the employer shall arrange one hour of breastfeeding time for female employees during the working hours of the day; Each baby should be given an additional hour of breastfeeding time per day.
Prenatal check-up leave during pregnancy: Article 6 of the "Special Regulations on Labor Protection for Female Workers" stipulates that pregnant female workers should have prenatal check-ups during working hours, and the time required shall be included in working hours.
Maternity leave : The original National Labor Administration Insurance and Welfare Department "Reply Letter to Shanghai Labor Bureau on Fetal Protection Rest and Treatment of Female Workers after Giving Birth After Six Months of Sick Leave" (Labor Insurance Word [1982] No. 2) pointed out that "female employees who are pregnant according to family planning, and need to take a break for pregnancy protection after a doctor issues a certificate, the time for the pregnancy protection rest shall be handled in accordance with the regulations on disease treatment implemented by the unit", that is, pregnant female employees During the maternity leave, the employer shall pay wages according to the sick leave wages and standards.
z1 For more than one year, enjoy paid annual leave (hereinafter referred to as annual leave). Units shall ensure that employees enjoy annual leave. Employees enjoy the same salary income during their annual leave as during normal working hours.
Article 3 stipulates that employees who have worked for one year but less than 10 years shall have 5 days of annual leave; those who have worked for 10 years but less than 20 years shall have 10 days of annual leave; those who have worked for 20 years shall have 15 days of annual leave.
National statutory holidays and rest days are not included in annual leave.
Article 4 stipulates that employees who have one of the following circumstances shall not enjoy the annual leave of the year:
(1) employees enjoy winter and summer vacations according to law, and the number of days of vacation is more than the number of annual vacation days; If it is more than 2 days and the unit does not deduct wages according to regulations;
(3) Employees who have worked for one year but less than 10 years in total, take sick leave for more than 2 months in total;
(IV) Employees who have worked for 10 years but less than 20 years in total, Those who have asked for sick leave for more than 3 months in total;
(5) employees who have worked for more than 20 years and have asked for sick leave for more than 4 months.
According to the "Notice of the Sichuan Provincial Department of Labor and Social Security on the implementation of the " Implementation Measures for Enterprise Employees' Paid Annual Leave " related issues, Chuanlaosheban [2009] No. 35". All employees should arrange annual leave. The employer can arrange annual leave according to the specific situation of production and work, and consider the wishes of the employees themselves. If the employer cannot arrange annual leave for employees due to work needs or arrange annual leave across a year, it shall obtain the consent of the employees themselves.
5. If the employee has worked for 10 or 20 years in the current year, and the annual leave changes from 5 days to 10 days or from 10 days to 15 days, the number of days of annual leave in the current year shall be calculated according to the following formula:
(over 10 years Or the number of calendar days that have passed in the current year at the time of 20 years ÷ 365 days) × 5 or 10 + (the remaining calendar days in the year after 10 or 20 years ÷ 365 days) × 10 or 15. The part less than 1 full day after conversion of
is not entitled to annual leave.
6. When the employer pays wages according to the number of days of untaken annual leave, the employer shall pay the wages for untaken annual leave calculated at 200% of the daily wage on the basis of the wage income of the employee for normal work.
Marriage and funeral leave
The "Notice of the State Administration of Labor and the Ministry of Finance on the Issues of State-Owned Enterprise Employees Asking for Marriage and Funeral Leave and Travel Leave" stipulates: 1. When the employee gets married or the employee's immediate family members (parents, spouses and children) die, they can According to the specific circumstances, with the approval of the administrative leader of the unit, one to three days of wedding and funeral leave are given as appropriate.
According to the "Reply Letter of the Sichuan Provincial Department of Labor on the Provisions on Enterprise Employees Asking for Marriage and Funeral Leave (Chuan Lao Insurance [1993] No. 95)", employees who get married themselves can be approved by the administrative leader of the unit according to the situation and given a five-day marriage. Bereavement leave (not including the late marriage leave that should be enjoyed according to regulations). If the two parties do not work (live) in the same place when the employee gets married, the unit of one party can use the distance of the other party’s location; Give travel leave.
One-child nursing leave
In local policies, some provinces, cities and districts have made similar regulations: for elderly people who enjoy the treatment of only-child parents, during the hospitalization of illness, the employer should support their children to take care of them and give them A total of 5-20 days of nursing time per year.
According to the latest revised Regulations on the Protection of the Rights and Interests of the Elderly in Sichuan Province, if the elderly are sick and unable to take care of themselves during hospitalization, the employer of their children shall give the only child no more than 15 days of nursing time per year accumulatively. The accumulative care time for the only child shall not exceed 7 days per year.
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