Before doing anything, we must first determine the legitimacy and policy source of our own marriage leave, and understand the judicial support of our rights:
1, the state does not have any laws and regulations that clearly stipulate the time of marriage leave for private enterprises (many people on the Internet say so, but I searched the labor law, labor contract law, family planning law, marriage law and other relevant regulations one by one, and there is no specific time regulation. Please refer to Baidu Encyclopedia's "Marriage Leave" entry), which is generally implemented according to the regulations of state-owned enterprises: "[1980] The boss's salary No.29 stipulates marriage and funeral leave 1-3 days", and the usual practice is 3 days.
2. According to Article 30 of the Regulations on Population and Family Planning in Shandong Province promulgated by the Standing Committee of Shandong Provincial People's Congress on September 28th, 2002: "In addition to the marriage leave stipulated by the state, the marriage leave shall be increased by 14 days. If the woman gives birth late, in addition to the maternity leave prescribed by the state, the maternity leave will be increased by 60 days, and the man will be given seven days of nursing leave. Increased marriage leave, maternity leave and nursing leave are regarded as attendance, wages are paid as usual, and welfare benefits remain unchanged. " You can enjoy an extra 14 days of marriage leave. Amend the regulations to make them applicable to private enterprises. (Article 2 of the Regulations on Population and Family Planning in Shandong Province: "These Regulations are applicable to China citizens living within the administrative region of this province, citizens with household registration in this province but living outside the province, and all organs, social organizations, enterprises and institutions, mass autonomous organizations and other organizations within the administrative region of this province." )
3. According to Article 19 of the Provisions on Population and Family Planning in Qingdao promulgated by Qingdao on July 2, 2003: "Employees who get married late shall be given 14 days of marriage leave in addition to the marriage leave stipulated by the state. If the woman gives birth late, in addition to the maternity leave stipulated by the state, the maternity leave will be increased by 60 days, and the man will be given 7 days of nursing leave. The increased marriage leave and maternity leave are used continuously with the provisions of the state, and the nursing leave is used during the woman's maternity leave. The increased marriage leave, maternity leave and nursing leave are regarded as attendance, and the salary and welfare benefits remain unchanged. According to its regulations, employees should receive full attendance treatment.
Conclusion: Late marriage leave for private enterprises in Qingdao = regular 1~3 days+14 days stipulated in the family planning regulations, that is, the landlord can enjoy 15~ 17 days of late marriage leave. According to the family planning regulations, the company should pay you as usual.
Secondly, to collect evidence, the evidence includes:
1. Your labor contract proves that you and your employer are legally employed. If you haven't signed the labor contract or the labor contract has expired or is irregular, you can ask me again.
2. The attendance records before and after the leave prove that you came back to work on time.
3. Pay slips or bank records (must be pay slips) for more than 3 months in recent years. ) to prove your actual salary. If your contract is relatively high and you actually get less, prepare a labor contract. Unless you want your underpaid salary back. This involves another process. )
4, leave (leave must have a clear reason for leave-late marriage leave, must have a clear time for leave. Proof of late marriage (copy of marriage certificate) and approval from relevant departments of the company)
5. The payroll or salary record of the month after deducting your wedding leave salary (same as above).
The above is the evidence you need to prepare, and other supplementary materials will be prepared as needed.
Finally, what you need to do is:
1, bring evidence to find your personnel supervisor or relevant person in charge and complain to them. Generally, when the other party sees that you have collected evidence, they will know that you are serious and will usually pay you back. If the dead duck is still stubborn, look at the following:
2. Bring the evidence to the labor law enforcement department of the enterprise area. The general labor inspection brigade complains and reports, and the inspection brigade will go to the company to investigate. The average boss will settle for peace. But if you meet an unreasonable boss and still don't give it to you, take a look at the following:
3. Apply to the local labor arbitration institution for arbitration. The average boss will choose to settle in order to save the lawyer's fee. If the boss is serious with you, you need to ask a lawyer for help. You have to measure it yourself.
Others:
1, in the labor-employment relationship, employees are obviously in a weak position and cannot be too true to the employer. If you want to defend your rights to the death, you need to be prepared for your next job, and don't put your life in a dilemma because of temporary anger;
2. Don't give others the originals of all the evidence, only the copies. If an original is required by the competent department, one or two copies should be prepared first to show fairness, at least to ensure that there is a legally binding fair copy in hand. Be careful that your boss buys off the relevant staff and destroys the evidence in your hand, then you will want to cry.
3, labor rights protection is no small matter, but be prepared for a protracted war, I hope you can get your salary back.
As the old saying goes, crying children have milk to eat, so relax and don't worry too much. Normally, if you are serious, the boss will compensate you. Attitude should be neither supercilious nor supercilious (this is the most difficult). Talk about things with the right person, talk about the facts, and never do anything impulsive. I have heard that an employee deliberately angered the other party in the process of defending rights, which led to the other party's negligence in hitting people. As a result, the nature of the incident changed from labor rights protection to civil/criminal cases. The police came and detained the employee who beat people. Then the boss found a rogue to beat the employees in the detention center. Finally, safeguarding rights will naturally give up. The whole thing is black and white. The plaintiff becomes the defendant and the defendant becomes the plaintiff. Sometimes it's just an impulsive remark and a rash move, pushing yourself from the front desk of the law to the opposite. )。 We should face rights protection with a positive attitude. As long as you do it seriously, you have a chance to succeed.
5. Ask questions at any time, and believe in the power of the network. However, when you get the answer, you must investigate and verify it. After all, online knowledge is hard to distinguish between true and false. Be careful first.
Finally, I wish you a happy wedding!