結婚是人生大事,關於婚假你知道多少?根據《勞工請假規則》,有結婚事實的員工可請「8天有薪婚假」,這些天數可用來安排蜜月或籌備婚禮。由於近年疫情影響,許多新人擔心無法馬上出國度蜜月,因此延後登記或婚宴,等待疫情結束後再補辦婚禮。
請婚假的時候,有哪些常見的問題呢?以下整理了勞工請婚假時最常見的12個問題,讓你一次搞懂。
Marriage is a major life event, but how much do you know about marriage leave? According to the "Labor Leave Regulations," employees with a marriage certificate can apply for "8 days of paid marriage leave." These days can be used for planning a honeymoon or preparing for the wedding. Due to the impact of the pandemic in recent years, many couples are worried about not being able to travel abroad for their honeymoon immediately, so they delay the registration or wedding banquet, planning to hold the wedding after the pandemic subsides.
根據《勞基法》第43條,婚假是勞工的權利,雇主不能拒絕。此外,根據《勞工請假規則》第9條,雇主不得因勞工請婚假、喪假、公傷病假及公假扣發全勤獎金。若雇主因員工請婚假而扣考績或不給全勤獎金,將違法並可被處以罰款。多年前,台中有家公司因為員工請婚假而被扣全勤獎金,結果被罰款2萬元。
According to Article 43 of the "Labor Standards Act," marriage leave is a labor right, and employers cannot refuse it. Additionally, according to Article 9 of the "Labor Leave Regulations," employers cannot deduct the full attendance bonus due to marriage leave, bereavement leave, public injury or illness leave, and public leave. If an employer deducts performance or refuses to give the full attendance bonus because of marriage leave, it is illegal and can be fined. Years ago, a company in Taichung was fined 20,000 TWD because an employee's full attendance bonus was deducted for taking marriage leave.
這意味著,如果你的老闆因為你請婚假而不高興,你可以告訴他這是違法的!法律在這裡是你的後盾,所以儘管放心地去度蜜月吧!
This means that if your boss is unhappy because you requested marriage leave, you can tell them it's illegal! The law is your backing here, so feel free to enjoy your honeymoon!
雖然請婚假是否需要證明文件取決於公司規定,但雇主通常會要求提供結婚證明文件,如結婚登記證明或戶口名簿。這是為了確保員工確實有結婚事實。有些公司則較為寬鬆,只需提供喜帖即可請婚假。
Whether proof is needed to apply for marriage leave depends on company policy, but employers usually require proof of marriage, such as a marriage certificate or household registration. This is to ensure that the employee is indeed married. Some companies are more lenient and only require a wedding invitation to apply for marriage leave.
其實,這也不難理解。畢竟,誰會不想證明自己是真的要結婚呢?所以提前準備好相關文件,讓請假過程更加順利吧!
Actually, this is not difficult to understand. After all, who wouldn't want to prove they are truly getting married? So prepare the relevant documents in advance to make the leave application process smoother!
員工有8天婚假,應在結婚登記前10天起的三個月內請完。如果無法在此期間內請完,經雇主同意後可延至一年內請完。值得注意的是,台灣的婚姻關係需辦理登記才生效,婚假也是從結婚登記日算起,而非儀式或宴客日。
Employees have 8 days of marriage leave, which should be taken within three months starting from 10 days before the marriage registration. If it cannot be used up during this period, it can be extended up to one year with the employer's consent. It is important to note that in Taiwan, a marriage relationship is effective only after registration, and marriage leave is calculated from the registration date, not the ceremony or banquet date.
例如:小潔在2023年4月15日辦理結婚登記,則自2023年4月5日(登記日前10天)起的三個月內(即2023年7月4日)都可以請婚假。如果雇主同意,最長可延至2024年4月4日前請完。
For example, if Xiao Jie registers for marriage on April 15, 2023, then marriage leave can be taken within three months from April 5, 2023 (10 days before registration), that is, until July 4, 2023. With the employer's consent, it can be extended to be taken by April 4, 2024, at the latest.
所以,不要以為可以等到結婚宴會後再慢慢請假哦!記得在規定時間內把婚假用完,這樣才能享受法定的福利。
So, don't think you can take your leave slowly after the wedding banquet! Remember to use up your marriage leave within the stipulated time to enjoy the legal benefits.
婚假是勞工的權益,無論結婚幾次,只要有結婚事實都可以請婚假。這意味著再婚也可以請婚假。然而,如果是和同一伴侶對象離婚又再婚,可能會被視為濫用權利,雇主可以拒絕給假。
Marriage leave is a labor right, and it can be taken as long as there is a marriage certificate, no matter how many times one gets married. This means remarriage also qualifies for marriage leave. However, if you divorce and remarry the same partner, it may be considered an abuse of rights, and the employer can refuse to grant leave.
這聽起來是不是很公平?畢竟,每次結婚都是一次新的人生旅程,都應該有機會好好慶祝和休息。
Doesn't this sound fair? After all, every marriage is a new life journey, and everyone should have the chance to celebrate and rest properly.
如果員工在登記結婚後尚未請完婚假就離職,到新公司後婚假將無法保留並補請。因為婚假是基於現任雇主提供的權益,新公司無義務給予到職前登記結婚的員工婚假。因此,建議員工在職期間就把婚假請完。
If an employee resigns before using up their marriage leave after registering for marriage, the leave cannot be carried over and applied for at the new company. This is because marriage leave is a right provided by the current employer, and the new company is not obligated to grant marriage leave for an employee who registered for marriage before joining. Therefore, it is advisable for employees to use up their marriage leave during their tenure.
所以,在你換工作前,別忘了把婚假請完,不然可就虧大了!
So, before you change jobs, don't forget to use up your marriage leave, or you might miss out big time!
過去法令曾規定婚假應自登記之日起「一次請足」,但後來考慮到讓勞工更靈活安排婚假,改為可以分開請。雖然原則上應讓勞工連續請婚假,但實際操作中也可由勞資雙方協商決定。曾有女網友爆料因公司人力不足,老闆不讓她連續請婚假,導致蜜月計畫泡湯。因此,希望雇主能給員工多一些彈性,有助於提升員工的滿意度和向心力。
The past law stipulated that marriage leave should be taken "in one go" from the registration date, but later, to allow workers more flexibility, it was changed to allow separate leave. Although the principle is to let workers take marriage leave consecutively, it can be decided through negotiation between labor and management in practice. A female netizen once revealed that her boss did not allow her to take consecutive marriage leave due to manpower shortages, ruining her honeymoon plan. Therefore, it is hoped that employers can give employees more flexibility, which helps improve employee satisfaction and loyalty.
這就像點餐一樣,有人喜歡一次吃飽,有人喜歡分次享受。婚假也一樣,如何安排應該由你和老闆一起商量決定。
It's like ordering food; some people like to eat all at once, while others prefer to enjoy it in portions. Marriage leave is the same; how to arrange it should be decided by you and your boss together.
當員工選擇連續請婚假,中間如有跨假日,這些假日(如休息日、例假日、國定假日等)不計入婚假天數內。例如,員工選擇連續請8天婚假,若其中包含週末,則實際可休假時間可達到12天。
When an employee chooses to take consecutive marriage leave, if there are holidays in between (such as rest days, regular holidays, national holidays, etc.), these holidays are not counted in the marriage leave days. For example, if an employee chooses to take 8 consecutive days of marriage leave, and it includes weekends, the actual vacation time can be up to 12 days.
這樣的安排真是太棒了,讓你可以有更多時間來享受你的蜜月旅行!
This arrangement is fantastic, allowing you more time to enjoy your honeymoon trip!
法令並無限制婚假必須以半天或小時為單位,這可由勞資雙方協商決定。建議公司在工作規則中明確訂定請假的最小單位,例如一日、半日或一小時。對於實施四週變形工時或時薪制的員工,雇主也應給予彈性的請假方式。
The law does not limit that marriage leave must be taken in units of half a day or hours, and this can be negotiated between labor and management. It is recommended that companies clearly stipulate the minimum unit for leave in their work rules, such as one day, half a day, or one hour. For employees implementing four-week variable working hours or hourly wages, employers should also provide flexible leave methods.
靈活的請假方式讓你可以更好地安排時間,這樣你的工作和生活都能兼顧得更好。
Flexible leave methods allow you to arrange your time better, so your work and life can be balanced more effectively.
法令中未規定未休完的婚假能否換成錢,因此一般來說,婚假未休完無法換錢。婚假屬於處理假,和事假、病假類似,不同於特休或國定假日這類權利假,因此無法換錢應給工資。
The law does not stipulate whether unused marriage leave can be converted to money, so generally speaking, unused marriage leave cannot be converted to money. Marriage leave is considered an administrative leave, similar to personal leave or sick leave, and is different from statutory holidays or national holidays, so it cannot be converted to money or wages.
所以,記得把婚假用完,畢竟這可是你應得的休息時間!
So, remember to use up your marriage leave because this is your rightful rest time!
即使在試用期內,員工有結婚事實也可提出婚假申請,雇主應依法給假,不得拒絕。
Even during the probation period, employees can apply for marriage leave if they have a marriage certificate, and employers should grant leave according to the law and cannot refuse.
這意味著即使你剛到新公司,結婚依然是你的權利,記得勇敢請假去享受你的新婚生活。
This means that even if you just joined a new company, getting married is still your right, so remember to boldly take leave to enjoy your newlywed life.
只要在勞動契約期間內有結婚事實,兼職、工讀等部分工時勞工也有請婚假的權利。婚假時數依工作時數比例計算,例如每週工作20小時的兼職員工,最多可請32小時婚假。
As long as there is a marriage certificate during the labor contract period, part-time workers and student workers with reduced hours also have the right to take marriage leave. The marriage leave hours are calculated proportionally to the working hours. For example, a part-time worker working 20 hours a week can take up to 32 hours of marriage leave.
例如:阿亮在咖啡廳當兼職服務生,每週工作20小時,他向老闆請婚假希望能帶妻子出國蜜月,則他最多可請32小時婚假,期間可照領薪水。
For example, A-Liang works as a part-time waiter in a café for 20 hours a week. If he applies for marriage leave to take his wife on an overseas honeymoon, he can take up to 32 hours of marriage leave, with his salary being paid during this period.
即使你是兼職,也能享受婚假的權利,這樣才公平!
Even if you are a part-time worker, you can still enjoy the right to marriage leave, which is fair!
根據《勞工請假規則》第2條,婚假僅限於結婚,訂婚不包含在內。因此,員工若需請假參加訂婚儀式,只能使用特休或事假,除非公司額外給予訂婚假的福利。
According to Article 2 of the "Labor Leave Regulations," marriage leave is limited to marriage and does not include engagement. Therefore, if employees need to take leave to participate in the engagement ceremony, they can only use special leave or personal leave unless the company provides additional engagement leave benefits.
所以,訂婚時別忘了和老闆商量,用其他假期來度過這個重要的時刻吧!
So, don't forget to discuss with your boss during the engagement and use other holidays to celebrate this important moment!
看完這些QA,是不是覺得請婚假不再那麼令人頭疼了?結婚是人生中的大事,不僅需要家人的祝福,也需要公司的支持。無論是安排蜜月旅行,還是籌備婚禮,都希望這些資訊能幫助你順利請假。記住,合理使用你的婚假權益,讓這段美好的時光更加輕鬆愉快。希望每一對新人都能在工作與生活之間找到平衡,享受幸福的婚姻生活!
After reading these Q&As, do you feel that applying for marriage leave is no longer such a headache? Marriage is a significant life event that needs not only family blessings but also company support. Whether it's planning a honeymoon or preparing for the wedding, we hope this information will help you take leave smoothly. Remember to make good use of your marriage leave rights, making this beautiful time more relaxed and enjoyable. We hope every couple can find a balance between work and life and enjoy a happy married life!