I. Provisions on the calculation of funeral leave wages
Article 51 of the Labor Law of People's Republic of China (PRC) stipulates that "the employer shall pay wages according to law during legal holidays, weddings, funerals and social activities according to law."
Article 11 of the Interim Provisions on Wage Payment of the Ministry of Labor stipulates that "during the period when workers enjoy annual leave, family leave, marriage leave and funeral leave according to law, the employer shall pay the wages of workers according to the standards agreed in the labor contract."
According to the above-mentioned relevant laws and regulations, workers have the right to paid funeral leave according to law. Therefore, the company should give employees paid funeral leave in accordance with national laws and regulations.
Second, the time limit for taking funeral leave.
For the specific operation of employees' funeral leave, please refer to the legal provisions of the Notice of the former State General Administration of Labor and the Ministry of Finance on Issues Related to Employees' Wedding and Funeral Leave and Travel Leave in State-owned Enterprises:
1. Employees who get married or their immediate family members (parents, spouses, children) die may be given one to three days' leave for marriage and funeral with the approval of the administrative leader of the unit.
2. If employees do not work in the same place when they get married, and their immediate family members in other places die and need to go to other places to arrange funerals, they can take time off according to the distance.
3. During the approved wedding and funeral leave and travel leave, the employee's salary will be paid as usual, and the travel expenses on the way will be borne by the employee.
The state has not yet made specific provisions on the wedding and funeral leave for employees of non-state-owned enterprises.
The above provisions are not perfect, but there are more detailed provisions in individual provinces, autonomous regions and municipalities directly under the central government, which do not conflict with the above provisions on the whole.
Third, the scope of bereavement of immediate family members
Immediate family members include spouses, parents (in-laws, in-laws), children and their spouses, grandparents, grandchildren and their spouses, great-grandparents and great-grandparents.
Immediate family members refer to people who are directly related by blood or marriage, such as spouses, parents (in-laws), children, grandparents (grandparents), grandchildren and their spouses.
Immediate family members include immediate blood relatives and immediate in-laws:
Lineal blood relatives refer to relatives who are directly related to each other, including two blood relatives, one from one's own body and the other from one's own body. The blood relatives from which one's body comes are all generations of blood relatives who gave birth to one's body, such as parents and grandparents; Blood relatives of one's own body are descendants born of one's own body, such as children and grandchildren.
Legal basis:
Labor law of the people's Republic of China
Article 51
During legal holidays, funeral leave and participation in social activities according to law, the employer shall pay wages according to law. essay
Workers enjoy equal employment and career choice, remuneration, rest and vacation, labor safety and health protection, vocational skills training, social insurance and welfare, labor dispute settlement and other labor rights stipulated by law.
Laborers should complete labor tasks, improve their professional skills, implement labor safety and health laws and regulations, and observe labor discipline and professional ethics.
Interim provisions on wage payment
Article 11
During the period when the laborer enjoys annual leave, family leave, marriage leave and funeral leave according to law, the employer shall pay the employee wages according to the standards agreed in the labor contract.