Luo is an employee of a food Co., Ltd. in Baotou City, Inner Mongolia Autonomous Region.On August 7, 2019, Luo told the company that he was pregnant.On November 12, 2019, Luo received a marriage certificate.In December of the same year, Luo submitted a written application for a 5 -day vacation leave for a five -day marriage leave on the grounds that the company was not approved on the grounds that Luo Mou had a wedding banquet that was a thousand miles away. The company did not approve it.The company’s reason is that in August 2019, Luo already knew about the facts of pregnancy. According to the practice and common sense, Luo’s marriage leave should be enjoyed before pregnancy.After Luo has been pregnant, he can only apply for leave related to the birth of pregnancy.However, there is no provisions of the company’s rules and regulations on the division of employees.
Luo did not arrive at work 5 days after submitting a marriage leave to the employer for 5 days. The company believes that he does not come to work without approval, which constitutes more than 5 days of absenteeism. According to the rules and regulations, the company can terminate the labor contract in this case.So after Luo returned to post, the company relieved her labor contract.To this end, Luo asked for arbitration to the local labor -personnel dispute arbitration commission on January 7, 2020, and asked the company to restore the labor relationship on the grounds of the company’s illegal termination of labor contracts.
The Arbitration Commission ruled that the two parties resumed labor relations.
Can’t the employees get married after pregnancy?
First, marriage leave is the legal right of employees.It is based on the statutory holiday enjoyed by the marriage of workers.According to the law, the marriage leave of the workers is generally 3 days.
Article 51 of the Labor Law clearly stipulates that the employer shall pay wages in accordance with the law during the legal holidays, marriage and funeral leave during the legal holiday, and during the period of marriage and funeral leave.Therefore, marriage leave is the legal right of workers.In addition to the three -day marriage leave, many regions also stipulate the wedding leave, that is, increase the number of wedding leave days on the basis of the national regulations, and increase the marriage leave benefits of workers when they get married.
Article 39 of the Inner Mongolia Autonomous Region’s "Inner Mongolia Autonomous Region Population and Family Planning Regulations" stipulates that the couple registered in accordance with the law will increase the marriage leave for 15 days.After receiving a wedding certificate on November 12, 2019, Luo can enjoy the corresponding marriage leave.
Therefore, the premise of marriage leave is marriage, which has nothing to do with whether it is pregnant.A vacation related to pregnancy generally refers to maternity leave, and marriage leave occurs based on marriage.The facts and legal foundations of the two are different, and pregnancy cannot be used as a reason to obstruct the marriage leave.
Secondly, although the marriage leave is the statutory holiday of the marriage workers, the current effective laws and regulations in my country have not made clear regulations on when the marriage leave is closed after marriage, and what period is effective.This right generally gives employers, and employers can clarify the issues such as how to apply marriage leave, how long the validity period is, the specific application process, and approval procedures in the rules and regulations without violating laws and regulations.
If the enterprise does not formulate the corresponding regulations, the employer and the workers can negotiate, and arrange marriage leave reasonably on the basis of taking into account the rights of workers and the management order of the employer.Moreover, in order to regulate employment management, the employee shall apply for leave, and the employer shall be approved or not according to the rules and regulations or employment management needs.
In this case, Luo fulfilled the procedure for the marriage leave in advance. The company had only no legal basis or rules and regulations, and only was pregnant when Luo asked for a marriage leave.Not approved, that is, the company does not approve fakes without other reasonable or legal reasons.Therefore, the company’s reasons for rejection of Luo’s marriage leave cannot be established, and Luo’s vacation does not belong to absenteeism.The company determined that its absenteeism and the termination of the labor contract should be illegal.
Author 丨 Yun Xiaoyan
Edit 丨 Xu Dejin