Remarks: Article 3 of the labour act states that the following activities are excluded from its scope, and therefore shall be regulated by specific legislations: civil and military, judges, agents and servers of public institutions and public administration, wilayas and commune, as well as staff from public establishments having of administrative character. Other categories excluded from the scope of the labour act are: Article 4 states that taking into account the current legislation and notwithstanding the provisions of the act, whenever needed, the following categories of workers may be regulated by a specific legislation: companies' CEOs, staff of maritime and flight transportation, staff of fishing and commerce boats, homeworkers, journalists, artists and actors, high performance athletes and home staff.
Duration
General
The paid annual leave shall be calculated on the basis of 2 and 1/2 days per month of work. The total duration of the leave cannot, however, exceed 30 calendar days per year.
Labour Relations Act §41
Historical data (year indicates year of data collection)
2009: 2 1/2 days per month to an annual maximum of 30 calendar days.
2007: 2 1/2 days per month to an annual maximum of 30 calendar days
1995: Up to 30 calendar days; 10 additional days in the southern regions.
Exceptions
Workers in the southern provinces (""wilayas"") of Algeria are entitled to additional leave of at least 10 days.
Workers engaged in particularly arduous or dangerous work can be entitled to a longer leave period determined by collective agreements.
Labour Relations Act §42, 45
Payment
Amount
The compensation paid for the annual leave shall be equal to 1/12 of the total remuneration perceived by the worker during the reference year of the leave or the preceeding year of the leave.
In addition to these public holidays: (1) Christian workers are entitled to holidays on Easter Monday; the Ascension; 15th August (Assumption); Christmas Day; (2) Jewish workers are entitled to holidays on Roch Achana; Youm Kippour; Pisah.
Law No. 63-278 on public holidays §1-4
Payment
Weekly rest day and holidays are legal rest days.
Every employee who works in a legal rest day will have the right to a compensatory rest day of equal duration as the latter and benefits also of the payment of a surcharge equivalent to that paid for overtime work, according to what the present Act states (Labour Relations Act).
Labour Relations Act §35, 36
Angola - Working time - 2011
LAST UPDATE
16 March 2011.
Remarks: Article 2 of the Labour Act excludes from its scope the following activities: public servants, or workers performing their professional activity in the Central Public Administration, or in a public institution or in any other State body; every worker with a permanent link serving diplomatic or consular representations of other countries or international organisations; cooperative associates or non-governmental organisations, being those regulated by specific statutes, or in the lack of such, being regulated by the commercial act; family work; casual work; the activity of those interveneing in comercial operations, if they are personally obliged to answer for the result of such operations, having assumed the respective risk; consultants and members of organs of the administration or direction of social organisations or companies, since their activity is inherently linked to those positions and without any subordination link through an employment contract.
Duration
General
The period of annual leave for workers is of 22 days per year, not including weekends, complementary weekly rest days and holidays in this calculation.
General Labour Act §137(1)
Historical data (year indicates year of data collection)
2009: 22 days per year.
2007: 22 days per year.
1995: 10 days.
Payment
Amount
The remuneration of the worker during the annual leave must be equal to his/her salaray plus any other benefits or bonus he/she accumulated during his/her period of work.
Besides that, to the remuneration due as salary to the worker during annual leave, he/she shall also be granted 50% of the wage basis as leave bonus.
Total: 150% salary.
General Labour Act §146 (1)(2); 165(1)a)
Number and dates
Public holidays are national but the government can establish other holidays at the provincial level under proposal of the governor of the Province. Workers are entitled to 14 days of public holidays.
Public Holiday Act §1,2
Remarks: a)1 January (New Year's day) b)4 January (Martir's day) c)4 February (Celebration of the first day of the armed fighting) d) Carneval day e)4 April (Peace and National Reconciliation Day) f)17 September (Day of the Founder of the Nation and of the National Hero) g)11 November (Independance Day) h)8 March (International Women's Day) I)1 May (Worker's International Day) j)25 May (Africa's Day) k)1 June (Children's International Day) l)2 November (All souls days) m)25 December (Christmas Day).
Benin - Working time - 2011
LAST UPDATE
08 November 2011.
Duration
General
Unless there are more favorable provisions in collective agreements or employment contracts, the worker acquires the right to leave, to be paid by the employer, at the rate of 2 working days per month of effective service. A working days is every day other than the day of weekly rest period and holidays.
Labour Code §158(1)
Historical data (year indicates year of data collection)
2009: 24 days (two days per month worked)
2007: 24 days (two days per month worked)
1995: 24 working days.
Exceptions
The duration of the leave forseen in paragraph 1 of the present article is increased at a rate of 2 working days after 20 years of continuous effective service in the same company, 4 working days after 25 years, 6 working days after 30 years, without having the cumulation of the total days of leave exceeding 30 working days for 12 months of work. The increase on leave entitles the worker to an increase of the leave payment.
Act on Holidays §158(3)
Payment
Amount
The employer shall pay to the worker, during the total duration of the leave, 1/12 of the salaries and benefits received by the worker in the course of the 12 months preceeding the leave. Bonuses, indemnities constituting reimboursements of professional fees, and particular indemnity paid to expatriates, shall not be included for the calculation of the leave payment. In case of splitting, the payment shall be divided proportionally to the duration of each period of leave.
Labour Code §165
Number and dates
The folowing shall be holidays in the Territory of the Republic of Benin:
It shall be instituted in the Republic of Benin, an annual Party of the traditional religions. It shall take place on the 10th of January in the whole territory of the Republic of Benin. This day is a holiday.
Act on Holidays §1 Act on the Annual Holiday for Traditional Religions §1, 2, 3
Payment
The holidays shall be paid.
Act on Holidays §2
Botswana - Working time - 2011
LAST UPDATE
16 November 2011.
Duration
General
Every employer shall grant to every employee employed by him leave with basic pay at the rate of not less than 1,25 days per month.
Employment Act §98(2)
Payment
Amount
The basic pay payable in respect of any period of leave for which this section makes provision, whether accumulated or otherwise, or in accordance with subsection (6)(b) shall be the current basic pay.
Employment Act §98(8)
Number and dates
The days named in the Schedule shall be public holidays within Botswana: Provided that- (i) when any of the said days fall on a Sunday the following Monday shall be observed as a public holiday; (ii) if 2nd January, 1st October or Boxing Day falls on a Monday, the following Tuesday shall be observed as a public holiday; ( iii) when Botswana Day referred to in the Schedule falls on a Saturday, the next following Monday shall be observed as a public holiday. Notwithstanding anything in subsection (1), only Christmas Day, Good Friday and Botswana Day shall be public holidays in the mining industry, which shall be taken to comprise such undertakings as may be engaged in the winning of minerals as defined in the Mines and Minerals Act.
New Years Day 2nd January Good Friday Saturday following Good Friday Easter Monday Ascension Day Labour Day (1st May) Sir Seretse Khama Day (1st July) Presidents Day (third Monday in July) Tuesday following Presidents Day Botswana Day (30th September) 1st October Christmas Day Boxing Day
Public Holidays Act §1, Schedule
Remarks: Note that the list provided in the Public Holidays Act forseens more holidays than that established in the Second Schedule in the Employment Act. The former actually follows what the Employment Act says in its article 99(5), determining that Minister may amend the referred schedule. In verbis
The Minister may, by order published in the Gazette, amend the Second Schedule. Employment Act, §99(5)
Payment
Each of the public holidays specified in the Second Schedule shall be a paid public holiday for the purposes of this section: Provided that, within the mining industry alone, paid public holidays for the purposes of this section shall be those public holidays customarily recognized by the industry as paid public holidays. The Minister may, by order published in the Gazette, amend the Second Schedule.
Employment Act §99(1)(5)
Burkina Faso - Working time - 2011
LAST UPDATE
15 November 2011.
Duration
General
The employee has a right to a paid leave chargeable to the employer, at the rate of two and a half calendar days per month of effective service, except more favorable provisions of collective agreement or individual employment contract.
For the calculation of the duration of the leave acquired, the absences due to accidents at work or professional illness, the legal periods of rest for pregnant women, the periods of compulsory military service, not even to the limit of one year, illness duly attested by a medical certificate and exceptional permissions, shall not be deducted from the leave.
Whenever the days of leave is not a whole number, the duration of the leave is rounded to a whole number immediately superior.
Labour Act §156(1) Decree on workers not covered by a collective agreement §51(4) Order on paid annual leave §4
Exceptions
The duration of the leave provided in article 156 above is increased at the rate of two working days after 20 years of continuous service or not in the same enterprise, of four days after 25 years and 6 days after 30 years.
Labour Act §157
Payment
Amount
The employer must give to the employee, before his/her departure on leave and for the whole duration of the leave, an allowance that is at least equal to the average of the wages and the various elements of remuneration defined in art. 191, which the employee benefited from during the 12 months preceeding the date of the departure on leave.
Unless there are more favorable provisions in collective agreements or individual employment contract, the leave payment shall be calculated as follows: a) Determination of the monthly average salary of the 12 months preceeding the departure on leave; b) Division of the monthly average salary by 30 in order to obtain the daliy average salary; c) Multiplication of the daily average salary by the number of days of the calendar days of leave to which the worker is entitled to.
The worker hired to work by hour or by day for a short-term position not exceeding one day, shall have his/her leave paid at the same time as the salary due, at latest at the end of the day of work, as sort of compensation for the paid leave, calculated on the basis of 1/12 of the daily remuneration acquired.
The collective agreements or, in its lack, the orders from the Ministry of Labour, enacted after consultation with the Consultative Labour Comission, shall establish the minimum amount of the in-kind benefits, which the worker will not enjoy during the leave and which shall be taken into account when of the calculation of the leave benefit.
Labour Act §170 Order on paid annual leave §7, 11, 13
Remarks: When the remuneration for the services are constituted, in full or in part, by commisions, bonuses and various benefits or representative indmenities of these benefits, insofar as these don't constitute a reimbursement of expenses, it's taken into account for the calculation of the remuneration during the leave period, the indemnity of notice, the damages. The amount to take in consideration therefore is the monthly average, calculated on the last 12 months of activity, the elements defined in the previous paragraph. Labour Act, §191
Date of payment
The employer must give to the employee, before his/her departure on leave and for the whole duration of the leave, an allowance that is at least equal to the average of the wages and the various elements of remuneration defined in art. 191, which the employee benefited from during the 12 months preceeding the date of the departure on leave.
Labour Act §170
Number and dates
Legal holidays are those provided by the Law.
15 dates: 1st January, Mouloud, 8th Mars, Ramadan or Aid es Segheir, Easter Monday, 1st May, Aid el Kebir or Tabaski, Ascension, 4th August (Anniversary of the Revolution), Assumption, 15th October, All Saints Day, Christmas, the day after th 4th August and 1st May whenever they fall in a Sunday or Friday, and the day before the referred dates when they fall in a Tuesday.
Decree on workers not covered by a collective agreement §181 Zatu on Holidays §1
Payment
The holidays shall be paid according to the current legislation in force.
Decree on workers not covered by a collective agreement §52
Burundi - Working time - 2011
LAST UPDATE
16 May 2011.
Remarks: Article 14 of the Labour Code excludes from its scope the following activities: public servants, judges, military personnel and the diferent types of police bodys personnel.
Duration
General
Every worker is entitled, each year, to annual leave paid by the employer, in the following conditions:
B)Duration of the annual leave.
The duration of the annual leave to which the worker is entitled shall be fixed by the Minister having Labour as one of his working issues, after having consulted the National Labour Council, whenever there is no collective agreement regulating the subject.
However, the duration cannot be inferior to: 1 and 2/3 working days per month completed of service. The right to the leave is assured after a working time of at least one month.
Labour Code §130(1)B)
Historical data (year indicates year of data collection)
2009: One and two-thirds days per month.
2007: One and two-thirds days per month
1995: 20 working days.
Payment
Amount
For each working day of the leave, the worker is entitled to a benefit equal to the daily wage, paid by the employer, as defined by art. 15. However, the employer is not obliged to pay circumstantial leaves, unless the worker has already worked for at least 15 days.
Besides that, the worker has also the right, during the annual leave, to all in-kind payments due by the employer. Once the worker requires it at least 8 days before the beginning of the leave, the employer is obliged to pay the amount in cash of the due in-kind payments to the worker, with the exception of furniture and accomodation.
Labour Code §133(1), 134(1)
Date of payment
The benefits for the annual leave shall be paid to the worker: a) at the latest, the last working day before the beginning of the leave, whenever it is not a circumstantial leave.
Labour Code §133(5)a)
Remarks: The worker is also entitled to the paid circumstantial leave. However, this should not be mistaken for annual leave. The employee must indicate the cause and require the leave to the employer. Whenever collective agreements fail to regulate the subject, a decree issued by the Minister having Labour as one of his working issues, having consulted the National Labour Council, shall determine the events giving right to circumstantial leave.
Number and dates
Thirteen days.
1 January (New Year) 5 February (Reconciliation Day) 6 April (Commemoration of the Assasination of President NTARYAMIRA) Day of Ascension 1 May (Labour Day) 1 July (Independence Day) 15 August (Assomption) 13 October (Commemoration of the Assasination of Prince Louis RWAGASORE) 21 October (Commemoration of the Assasination of President NDADAYE) 1 November (All Saints Day) 25 December (Christmas) Aid-el-Fithr Aid-el-Hadj
Decree Fixing the Schedule of Public Holidays §1
Cameroon - Working time - 2011
LAST UPDATE
01 December 2011.
Duration
General
Unless there are more favourable in collective agreements or employment contracts, the worker acquires the right to annual leave at the rate of one and a half days per month of effective service, paid by the employer.
Labour Code §89(1)
Historical data (year indicates year of data collection)
2009: 1.5 days for every month of service.
2007: 1.5 days per month of service, except for more favourable conditions granted in collective or individual labour agreements. Annual leave is increased to 2 days per month after 5 years of service.
1995: 1,5 working days per month of work.
Exceptions
Employees and employers can agree on more favourable duration of paid leave in a collective or an individual agreements. Annual leave is increased, taking into account seniority in the company, at the rate of 2 working days per integral period, continuous or not, of 5 years of service. In the case of mothers, this increase cummulates with that forseen in the preceeding paragraph. Compensation instead of leave is only possible when the contract is terminated before the worker has exercised his right to leave. In all other cases payment of compensation in lieu of leave is prohibited.
Labour Code §89(1), 90(3), 92(4)(5)
Payment
Amount
The employer must pay to the worker, at the latest the day before the start of the leave, an allowance of which modalities of calculation are established by decree after consultation with the National Consultative Comission of Labour.
Labour Code §93
Date of payment
The employer must pay to the worker, at the latest the day before the start of the leave, an allowance of which modalities of calculation are established by decree after consultation with the National Consultative Comission of Labour.
Labour Code §93
Number and dates
10 days
1 January (New Year`s Day) 11 February (Youth Day) 1 May (Labour Day) 20 May (National Day) When a civil holiday falls on a Sunday the following day shall be deemed to be a public holiday.
Religious Holidays: Ascension Good Friday Assumption (15 August) Christmas Day (25 December) End of Ramadan Id-el-Kebir If a religious holiday falls on a Sunday or public holiday the President may by Order declare the following day a public holiday.
Act Regulating Public Holidays in the United Kingdom of Cameroon §2, 3
Cape Verde - Working time - 2011
LAST UPDATE
04 October 2011.
Duration
General
Every worker in a employment contract for an indeterminate period is entitled to twenty-two days of annual leave.
The preceeding paragraph applies equally to the workers hired for a pre-determined period, since the duration of the contract, initally established or due to a renew of the contract, is not inferior than one year.
For contracts with a duration inferior to one year, the annual leave shall be proportional to the duration of the employment contract.
Labour Code §52
Historical data (year indicates year of data collection)
2009: Every worker in a long term employment contract (not less than one year) is entitled to twenty-two days of annual leave.
Exceptions
Unused leave may be transferred to the next year and add up to a maximum of 44 days, provided the parties agree or if the non transfer would endanger the worker or the enterprise.
Labour Code §56(3)
Payment
Amount
The remuneration for the annual leave to which the worker is entitled cannot be inferior to that s/he would receive if s/he was working.
The additional remuneration in kind can be replaced for the equivalent in cash during the annual leave. However any in kind payment due the worker, which payment is attached to the execution of the work, is not due.
Labour Code §55
Central African Republic - Working time - 2011
LAST UPDATE
12 October 2011.
Duration
Every worker, employee or apprentice in industrial, commercial, handwork or agricultural establishments, even if they are cooperatives or their workers are self-employed, if they are associations, or any group of any nature, is entitled to annual leave to be paid by the employer, in the conditions determined by this Code.
Unless there are more favorable provisions in the individual employment contracts or collective agreements, the worker who, during the course of reference year, justifies having worked for the same employer the time equivalent to one month, is entitled to leave in the reason of 2 working days per month worked. The total duration of the leave cannot exceed 30 working days. The absence of the worker cannot lead to a reduction of the right to leave more than what is proportional to the absence.
Labour Code §280, 281
Exceptions
The duration of the annual leave can be extended by virtue of seniority according to the modalities determined by a collective agreement.
Labour Code §284
Payment
Amount
The employer shall pay to the worker, when of the leave, an amount not inferior to the remuneration s/he would receive if s/he had worked during the period of the leave. This remuneration comprehends not only the average salary, but also the benefits, primes and comissions which the worker was receiving during the course of the 12 months preceeding the leave. Exceptional rewards, compensation constituting reimboursement of professional fees, in kind payments and legal advantages linked to the obligation to provide housing shall not be counted for the purposes of calculating the payment for the leave.
Labour Code §288(1)(2)
Chad - Working time - 2011
LAST UPDATE
30 September 2011.
Duration
General
The worker is entitled to two days per month of paid leave - to be paid by the employer. One month of effective work is the period equivalent to 4 weeks or 24 days of work.
Labour Code §212
Historical data (year indicates year of data collection)
2009: Workers are entitled to 24 days (two days per month) of annual leave.
2007: 24 days (two days per month)
1995: 18 working days.
Exceptions
The duration of the annual leave can be increased by a collective agreement, particularly those in favor of young people under the age of 18 years, mothers, and workers having acquired a certain seniority at the company.
Labour Code §214
Number and dates
15 Days.
1st January 13th April (National Holiday) Easter Monday 1st May 25th May Ascension Monday of Pentecoste 11th August 15th August All Saints 28th November 28th November 25th December Mouloud-El-Nebi Aid-el-Sakhair Aid-el-Kebir
Decree Determining the List and Regime of Public Holidays §1
Results generated on: 18th January 2021 at 12:31:16.
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