Q58: Hello, I haven't taken my marriage leave but have been laid off by the company, can I claim compensation from the company?
A: You have the right to make a claim, but you may not be compensated, depending on the circumstances. If the employee is on marriage leave and the company makes a layoff, you can ask the employer to pay severance for the unused marriage leave. However, if you have not yet applied for marriage leave from the company, some companies may compensate you according to the employment contract, personnel system, or local laws and regulations, while others may not. Therefore, if you are laid off by the company and have not taken marriage leave, it is advisable to communicate with the company first to find out if there is a relevant compensation policy. If the company does not have a compensation policy or refuses to provide compensation, you can consult the local labor inspection department or a lawyer for help.
It should be noted here that compensation and severance are two different concepts, and in practice, most workers are easily mistaken. According to the law and relevant regulations, if the company dismisses an employee without cause, the employee can demand payment of arrears of wages, deposits, compensation for illegal termination, wages, double wages without a labor contract (starting from the second month of employment, up to 11 months), overtime wages, etc. In addition, if the company illegally terminates the employment contract, the employee can claim compensation, which is usually twice the standard of economic compensation.
In short, whether the company can claim compensation for layoffs before the marriage leave is taken depends on the local laws, regulations and contractual agreements.
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