Grassroots lawyers also have spring

Chapter 918 Those things about bereavement leave!
"It's hard to say! At present, the top vice presidents of the company are secretly fighting fiercely, and it has reached a fever pitch. I don't have seniority, so I don't want to think about it!" Mr. Cao said in a low voice.

He said he didn't want to, but recently Mr. Cao has received the attention of the big boss of the group because of the project, which made him active in his heart.The top vice presidents also vaguely pointed their finger at him.

"En!" Wang Chuan nodded.He also heard from Cheng Wu that there was a change in the senior management of the group company where Mr. Cao works, so he asked tentatively to evaluate whether it would be detrimental to the cooperation between the two parties.

There is still a week before the new year, and the lawyers in the law firm whose families are in other provinces have already asked for leave to return home. Wang Chuan is celebrating the new year in the imperial capital this year, so he stayed in the law firm on duty.

"Wang Lv, the legal specialist of Wanhui Company called just now and said that Mr. Xu from their legal department would come over this afternoon to consult on some labor issues. Most of the lawyers in charge of labor affairs in the second department have traveled abroad. Your lawyer has asked for leave, you see..." Du Wenhui said.

I thought it was already the last week, and the Chinese New Year holiday was just a few days away. Many companies have already closed and will no longer have business, so most of the lawyers in the firm are either traveling abroad or buying tickets in advance to ask for leave and go home.Unexpectedly, Wanhui Company suddenly popped up and wanted to come to the firm for consultation. The lawyers on duty in the second department were still inexperienced. Du Wenhui was afraid that they would not be able to handle it, so she could only come to Wang Chuan.

"Okay, let me receive you! Tell me when Mr. Xu arrives." Wang Chuan smiled.

At five past three in the afternoon, Mr. Xu walked into the meeting room of Yuanfang Law Firm with a legal specialist.

"Lawyer Wang, long time no see! I wish you a New Year's greeting in advance! Happy New Year!" Mr. Xu said, and handed a box of gifts to Wang Chuan: "A small thing is not a respect!"

"Happy Chinese New Year! Mr. Xu, you are too polite. We haven't seen each other for more than half a year. I'll treat you tonight. Let's get together." Wang Chuan said.

"It's okay to get together, but we have to wait for another day. I have an appointment tonight. After the next year, I will ask you out!" Mr. Xu laughed.

"Okay, after the new year, I'll wait for your news." Wang Chuan said with a smile.

"Let me introduce to you, this is Lawyer Liu from our legal department. He was new last year. Lawyer Liu, please introduce the situation to Lawyer Wang." Mr. Xu said.

"Hello, Lawyer Wang. My name is Liu Hong. You can call me Xiao Liu. Our company has a subsidiary in Suzhou. Yesterday, the Suzhou company consulted with us about funeral leave. I'm not very clear about it. Urgent, so I specifically consult with you about relevant issues today." The legal officer said.

"Tell me!" Wang Chuan said with a smile.

"First, what is the legal basis for bereavement leave? I haven't found it after searching for a long time." The legal officer opened the notebook he carried with him and glanced at it.

"The provisions on mourning leave are relatively early. I remember that the former Ministry of Labor's General Office Act on the Explanation of Several Articles of the "Labor Law" (Labor Banfa [1994] No. 289) stipulates that marriage and funeral leave refers to the laborer's own marriage and his/her immediate family's Holidays granted by law in the event of the death of a relative.

According to national regulations, bereavement leave is one to three days, but in practice, three days of bereavement leave are basically given.I can ask the lawyers in the firm to find out the above regulations and send them to you later. "Wang Chuan said.

"Well, I'm sorry to trouble you! So what is the applicable scope of bereavement leave? Are the parents-in-law included?" the legal commissioner asked.

"The scope of application of the bereavement leave system is limited to immediate family members, that is, my parents, spouse, and children. It does not include in-laws, parents-in-law, grandparents, and maternal grandparents." Wang Chuan replied.

"Does the company need to pay wages during the bereavement leave? If it needs to be paid, how should we pay?" the legal commissioner then asked.

"During the funeral leave, the company needs to pay wages according to the normal wage standard. According to the regulations, the funeral period is considered as the employee's normal attendance, and wages cannot be deducted." Wang Chuan said.

"Then after the bereavement leave, can I still take annual leave?" the legal commissioner continued to ask.

"You can ask for annual leave, funeral leave and annual leave do not conflict. According to the provisions of Article [-] of the "Implementation Measures for Paid Annual Leave for Enterprise Employees", employees enjoy family leave, wedding and funeral leave, maternity leave and other state-regulated holidays in accordance with the law, as well as business-related holidays. The period of injury and suspension of work and salary is not included in the annual leave. These leave belong to different categories and cannot offset each other." Wang Chuan said.

"My question is a bit more haha, does the employee's bereavement leave include travel leave?" the legal commissioner asked.

"If you go to other provinces, according to the distance of the journey, I suggest that the company give travel leave. During the approved bereavement leave and travel leave, the employees' wages will be paid as usual, but the travel expenses and other expenses on the way need to be borne by the employees themselves.

For example, some companies will stipulate that if the immediate family members of the deceased are in other provinces, a high-speed rail journey of more than six hours will be given two days off. This is more humane.You can also make relevant regulations with reference to the actual situation of the company. "Wang Chuan said.

"According to the company's regulations, you need to submit an application and related certificates for bereavement leave. I would like to ask whether it is necessary to submit the death certificate and kinship certificate of relatives?" asked the legal officer.

"Well, under normal circumstances, when applying for bereavement leave, employees should submit the death certificates of immediate family members and proof of kinship according to the company's regulations. Of course, bereavement leave is quite special. In practice, many units do not necessarily require employees to submit the above documents.

However, if the company requires it, the employee should still submit it. This involves a practical problem. What if the employee really cannot submit the relevant certificate?
I suggest that your company adopt a flexible approach. Your company can find out whether it is true through various methods. Don’t use a mechanical one-size-fits-all approach. If there is no relevant certificate, no bereavement leave will be granted. This will easily cause conflicts between the two parties and cause labor disputes. "Wang Chuan said.

"Lawyer Wang, if an employee cheats on bereavement leave, can we terminate the labor relationship?" the legal commissioner asked.

"Well, we have also encountered the problem you mentioned in the daily provision of legal services. If it is verified that the employee has cheated for funeral leave, and the circumstances are serious, your company can use the rules and regulations as an excuse for serious violation of the rules and regulations. Terminate the labor relationship between the two parties." Wang Chuan said.

"Okay, thank you very much! I'm fine." The legal officer smiled.

"Lawyer Wang, we have one more thing to do here today. Our company is planning to set up a subsidiary in Meiliguo. I heard from Mr. Du that your company has cooperated with Meiliguo's law firm.

Mr. Kang specifically asked me to ask if you can recommend a law firm to serve if we set up a subsidiary in Meiliguo.After all, we have been cooperating for many years, and your firm is reliable. We don't want to waste energy to find a lawyer in the beautiful country. "Mr. Xu said.

(End of this chapter)