02.2022 Life Guide
Want to get married! "Lazy bag for wedding leave" that new couples must know
Far eastern New Century Corporation / Wang Shihan
It's not easy for a relationship to achieve good results, but whether it's a banquet or honeymoon, you must ask for leave. However, special holidays are not enough. What should we do? Don't worry, this issue of "legal column" has compiled a "marriage leave lazy bag" for all new people, so that you don't have to worry about asking for leave and get married happily!
Xiaoting is getting married with her boyfriend who has been in stable contact for many years. She is already busy with work, registration, banquet... And so on. There are a lot of things to do. It is said that you can take marriage leave, but Xiaoting is not familiar with the relevant regulations and is worried about whether it will affect the salary or work rights and interests. What are the rules of marriage leave that need to be paid attention to?
Q: How many days can I take the wedding leave?
A: According to Article 2 of the labor leave rules, "workers who get married will be given eight days of marriage leave and their wages will be paid."
Therefore, within three months from the 10th day before the registration of marriage, you can take a total of eight days of marriage leave and pay in full. In addition, as long as the employer agrees, it can be extended to one year. For example, Xiaoting registered for marriage on January 1, 2022, and can take marriage leave within three months from December 22, 2021 (i.e. before March 21, 2022), but once approved by the company, it must be completed before December 21, 2022.
Q: now the novel coronavirus pneumonia is so serious that we can't finish the wedding leave within the time limit.
A: According to the letter No. 1100130044 of labor Article No. 3 dated February 2, 2021: "in order to cope with the epidemic of severe special infectious pneumonia, if a worker is unable to apply for marriage leave within the period specified in order No. 1040130270 of labor Article No. 3, he may apply for marriage leave within one year after the end of the epidemic with the consent of his employer."
In other words, as long as the consent of the employer is obtained, the marriage leave can be postponed to one year after the end of the epidemic (referring to the date of dissolution of the central epidemic command center of severe special infectious pneumonia).
Q: If you plan to apply for marriage registration in a few months, can you ask for marriage leave after the banquet?
A: According to Article 982 of the civil law, "marriage shall be in writing and signed by two or more witnesses, and both parties shall register the marriage with the household administration authority."
Therefore, the current marriage system in Taiwan adopts the "registration and effectiveness" system, and marriage registration must be handled before it has legal effect. Therefore, the calculation of marriage leave is also calculated from the "marriage registration date", rather than the date of traditional ceremonies and banquets. Similarly, it can be proved that you can't take marriage leave for engagement.
Q: During the marriage leave, I happened to have a four-day continuous leave. Can I take a two-week leave at one go?
A: According to the first point of the full text of (74) taineilao Zi No. 302665 letter: "during the period of labor personal leave, marriage leave and funeral leave, if there are regular holidays, memorial days, labor festivals and other holidays specified by the central competent authority, they shall not be included in the leave."
It means that the marriage leave does not include rest days, regular holidays and festivals. In principle, you can choose to take continuous leave or separate leave. However, it should be noted that the date of marriage leave must be negotiated by both employers and employees, and it is suggested to communicate with the employer to ask for leave.
Q: Change the workplace after marriage, but the marriage leave is not finished. Can you apply for marriage leave to the new company?
A: According to the "labor 2 Letter No. 0940056125": "marriage leave shall be taken at the latest from the date of occurrence of the fact, and shall be taken continuously at one time. Article 2 of the labor leave rules shall not apply if a worker marries before arriving at work."
Q: Can some workers also take marriage leave? How to calculate the number of marriage leave hours?
A: Of course, some working hours also have the right to take marriage leave. The number of marriage leave hours is calculated according to the proportion of working hours. Assuming that Xiaoting works 20 hours a week, it can take a total of 32 hours (4 days) paid leave.
* calculation formula: (20 hours / 40 hours) * 8 days * 8 hours = 32 hours
Have you understood these questions with Xiaoting? Although the epidemic is raging all over the world, it can not stop the arrival of spring. I wish lovers all over the world get married! (source: national laws and regulations database, Ministry of labor)
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Xiaoting is getting married with her boyfriend who has been in stable contact for many years. She is already busy with work, registration, banquet... And so on. There are a lot of things to do. It is said that you can take marriage leave, but Xiaoting is not familiar with the relevant regulations and is worried about whether it will affect the salary or work rights and interests. What are the rules of marriage leave that need to be paid attention to?
Q: How many days can I take the wedding leave?
A: According to Article 2 of the labor leave rules, "workers who get married will be given eight days of marriage leave and their wages will be paid."
Therefore, within three months from the 10th day before the registration of marriage, you can take a total of eight days of marriage leave and pay in full. In addition, as long as the employer agrees, it can be extended to one year. For example, Xiaoting registered for marriage on January 1, 2022, and can take marriage leave within three months from December 22, 2021 (i.e. before March 21, 2022), but once approved by the company, it must be completed before December 21, 2022.
Q: now the novel coronavirus pneumonia is so serious that we can't finish the wedding leave within the time limit.
A: According to the letter No. 1100130044 of labor Article No. 3 dated February 2, 2021: "in order to cope with the epidemic of severe special infectious pneumonia, if a worker is unable to apply for marriage leave within the period specified in order No. 1040130270 of labor Article No. 3, he may apply for marriage leave within one year after the end of the epidemic with the consent of his employer."
In other words, as long as the consent of the employer is obtained, the marriage leave can be postponed to one year after the end of the epidemic (referring to the date of dissolution of the central epidemic command center of severe special infectious pneumonia).
Q: If you plan to apply for marriage registration in a few months, can you ask for marriage leave after the banquet?
A: According to Article 982 of the civil law, "marriage shall be in writing and signed by two or more witnesses, and both parties shall register the marriage with the household administration authority."
Therefore, the current marriage system in Taiwan adopts the "registration and effectiveness" system, and marriage registration must be handled before it has legal effect. Therefore, the calculation of marriage leave is also calculated from the "marriage registration date", rather than the date of traditional ceremonies and banquets. Similarly, it can be proved that you can't take marriage leave for engagement.
Q: During the marriage leave, I happened to have a four-day continuous leave. Can I take a two-week leave at one go?
A: According to the first point of the full text of (74) taineilao Zi No. 302665 letter: "during the period of labor personal leave, marriage leave and funeral leave, if there are regular holidays, memorial days, labor festivals and other holidays specified by the central competent authority, they shall not be included in the leave."
It means that the marriage leave does not include rest days, regular holidays and festivals. In principle, you can choose to take continuous leave or separate leave. However, it should be noted that the date of marriage leave must be negotiated by both employers and employees, and it is suggested to communicate with the employer to ask for leave.
Q: Change the workplace after marriage, but the marriage leave is not finished. Can you apply for marriage leave to the new company?
A: According to the "labor 2 Letter No. 0940056125": "marriage leave shall be taken at the latest from the date of occurrence of the fact, and shall be taken continuously at one time. Article 2 of the labor leave rules shall not apply if a worker marries before arriving at work."
Q: Can some workers also take marriage leave? How to calculate the number of marriage leave hours?
A: Of course, some working hours also have the right to take marriage leave. The number of marriage leave hours is calculated according to the proportion of working hours. Assuming that Xiaoting works 20 hours a week, it can take a total of 32 hours (4 days) paid leave.
* calculation formula: (20 hours / 40 hours) * 8 days * 8 hours = 32 hours
Have you understood these questions with Xiaoting? Although the epidemic is raging all over the world, it can not stop the arrival of spring. I wish lovers all over the world get married! (source: national laws and regulations database, Ministry of labor)
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