Annual Leave Law, 1951
Employees are entitled (under labour law) to paid annual leave. An employee is entitled to a number of days of paid annual leave every year. The amount of annual leave to which an employee is entitled depends upon criteria such as the length of the employee’s service with the employer, the period of employment in each calendar year and the number of the employee’s working days. However, in general, the amount of annual leave ranges from 10 days per year for new employees and up to 24 days per year for long-serving employees.
- First five years of employment - 16 calendar days per year
- Sixth year of employment - 18 calendar days per year
- Seventh year of employment - 21 calendar days per year
- Eighth year of employment and thereafter - One extra calendar day per year of employment up to a maximum of 28 calendar days per annum
Accrual of vacation days and carry over from one year to the next is generally in the employer’s discretion. According to several court rulings, in order for the employer to erase the employee’s accrued entitlement, the employer must be able to demonstrate that it actively enforced a practice of accrual limits and enabled the employees to utilise their annual leave days. An employer’s passiveness in this context may be interpreted as its consent for the accrual of annual leave days. The employer may determine when the employee takes annual leave. During annual leave, the employer must pay the employee their basic wage and any housing allowance that forms part of their remuneration. The employer is forbidden from dismissing an employee or giving them notice of dismissal during annual leave."