How to Pay the Remuneration for Annual Leave?
Employee’s wage, pertaining to the period of annual leave, should be paid in advance or by raising an advance payment prior to commencement of the leave.
The annual leave remuneration of employees who are not paid daily, monthly or weekly but who are remunerated according to an indefinite period of time or amount of money, such as a piece-rate, commission, profit sharing or percentage, must be calculated on their average daily earnings by dividing the total wages earned during the previous year by the number of days actually worked during that year.
For employees working on a percentage basis, remuneration for annual leave must be paid by the employer in addition to any amount of money derived from current percentage earnings.
If the employee has been granted a raise in pay within the previous year, the annual leave remuneration shall be computed by dividing the total wages earned between the date of the month in which the employee uses his leave and the date when his pay was raised by the number of days worked within that period.
Wages for weekly rest days, national and public holidays which coincide with annual leave shall be paid in addition to the annual leave.
Any annual leave remuneration due to but not yet drawn by an employee must be paid to him upon the termination of his employment contract for any reason, at the wage rate prevailing on the date of termination.
How to Calculate the Length of Service?
In the computation of the length of service required to qualify for annual leave, the periods during which the employee has been employed in one or more workplaces of the same employer shall be considered jointly.
The employee uses his annual leave computed for each year of service within the following year of employment.
The length of the “one-year service” which must elapse for the employee’s entitlement to his upcoming annual leave shall commence from the day on which his entitlement to his previous annual leave became effective, be computed towards the following year.
Are National Holidays, Weekly Rest Days And Public Holidays Included in Paid Annual Leave?
National holidays, weekly rest days and public holidays that coincide with the duration of paid annual leave may not be included in the annual leave period.
As an example, an employee starting his/her 7 days vacation on Monday should get back to work on next Tuesday (instead of next Monday), as the Sunday, being a weekly rest day, is not considered within the paid annual leave period and one day is added to vacation. Practice is likewise for the other official public holidays.
Can Employees Waive Their Rights of Vacation or Work During the Annual Leave?
An employee neither can waive his right of vacation nor can s/he engage in gainful employment during this period. Otherwise they may be asked by their employer to reimburse the annual leave remuneration paid in advance.
Is It Possible to Divide the Paid Annual Leave?
As a rule, the leave must be granted without interruption and it cannot be divided by the employer, however leave periods may be divided by mutual consent, provided that one of the parts shall not be less than ten days.