Saturday, 9 April 2016

30 days leave only after completion of one year.

You shall be entitled to paid leave after the completion of six months of service in accordance with Article 75 of the Labour Law which states:
"Every worker shall, within each year of service, be granted a period of annual leave of not less than:
(a) Two a month, where the worker's period of service is more than six months but less than one year;
(b) 30 days a year, where the worker's period of service is more than one year.
Where a worker's service is terminated, he shall be entitled to annual leave in respect of fractions of the last year."
Thus, in accordance with the aforementioned provision of the Labour Law, you shall be entitled to take two days of leave every month. Further, you shall be entitled to take the annual leave for a period of 30 days only after you have duly completed one year of service.
However, the commencement date for annual leave is at the discretion of the employer. As such, an employee may be allowed to take his annual leave before the completion of one year if the employer may so decide. This is in accordance with Article 76 of the Labour Law which states:
"The employer may fix the date of commencement of annual leave and, if necessary, divide such leave into not more than two periods. Notwithstanding the foregoing, the provision respecting the division of leave shall not apply to leave fixed for young persons."
There are no specific provisions which make it obligatory on the employer to provide an air ticket to an employee for his annual leave. The provision of an air-ticket forms part of various allowances provided by an employer. You may therefore refer to your employment contract in this regard. However, you should be entitled to receive a leave allowance in accordance with Article 78 of the Labour Law which states:
"Every worker shall be entitled to his basic wage and the housing allowance if applicable in respect of his days of annual leave where the circumstances of the work make it necessary for a worker to work during all or part of his annual leave and the days of leave on which he works are not carried forward to the following year, the employer shall pay him his remuneration, plus a leave allowance in respect of the days worked at a rate equal to his basic wage. It shall be unlawful under any circumstance to employ a worker during his annual leave more than once in two successive years."
Further, if during the annual leave there are public holidays, for which there are provisions made by law, it shall be considered to be part of the annual leave and no additional days of holiday shall be given in this regard. This is in accordance with Article 77 of the Labour Law which states:
"Holidays for which provisions have been made by Law or agreement or any other days of absence from work on account of sickness shall be reckoned as part of the annual leave if such holidays fall within the annual leave."
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