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Afghanistan - Working time - 2011


LAST UPDATE

13 April 2011


Duration

The general entitlement is to 20 days recreational leave.
Labour Code 2007 §46(1)

General

Employees are entitled to 20 days of paid recreational leave per year.
Labour Code 2007 §46(1)

Exceptions

Professors and teachers who benefit from public holidays of the educational and scholastic establishments are not entitled to recreational leave.

The employees or personnel who are entitled to more than 20 days of recreational leave are as follows:
1) Employees below 18 years of age - 25 days;
2) Employees engaged in underground works or injurious works - 30 days.

Seasonal employees whose service contract periods are not less than 3 months may be entitled to recreational leave equivalent to the period of their service.
Labour Code 2007 §§46(2), 47, 49(2)


Payment

Payment of wages and other allowances is to be made in advance.
Labour Code 2007 §50(1)

Amount

The employee is to be paid his wages and other allowances.
Labour Code 2007 §50

Date of payment

The allowances and wages of the recreational leave are to be paid in advance of the recreational leave period. Accumulated but untaken recreational leave is to be paid out on the employee’s separation from the relevant organisation.
Labour Code 2007 §50


Number and dates

The public paid holidays are as follow:
1) the last day of the week (Friday);
2) the first day of the year (Nawruz);
3) Twenty-eight of Assad (19 July) (the day of restoration of the independence of the country);
4) Eight of SAWR, Victory of the Islamic Revolution of Afghanistan;
5) First day of Ramadan;
6) the three days of Eid-e-Feter;
7) four days of Eid-e-Said-a-Adhah and Arafat (three days of Eid and one of Arafat);
8) Twelfth of Rabiul Awal, the Holy birth of Hazrate-e-Mohammad Peace be upon Him;
9) Tenth of Muharam (the day of Ashura);
10) 26th of month of Dalwe return of former Soviet Union forces;
11) other days as approved and announced by the Islamic Republic of Afghanistan as Public Holidays.

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Payment

The public holidays enumerated by the Labour Code 2007 are to be paid.
Labour Code 2007 §§10, 41


Australia - Working time - 2011


LAST UPDATE

7 March 2011


Duration

For each year of service with his or her employer, an employee is entitled to 4 weeks of paid annual leave, unless the employee is a shiftworker, in which case he or she is entitled to 5 weeks of paid annual leave.
Fair Work Act 2009 §87

Exceptions

Annual leave entitlements may be cashed out in accordance with the terms of an applicable modern award or enterprise agreement where agreement is reached between the employer and employee and the employee will have at least 4 weeks’ annual leave entitlement remaining.
Fair Work Act 2009 §§92, 93, 94


Payment

Payment is to be made at the employee’s ordinary rate of pay.

Amount

The employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period.
Fair Work Act 2009 §90

Date of payment

The Fair Work Act 2009 does not make provision for the date of payment of annual leave entitlements.
Fair Work Act 2009


Number and dates

Eight annual public holidays are prescribed by the Fair Work Act, with provision being made for further public holidays to be set at a local level.

The dates prescribed federally are: 1 January (New Year’s Day), 26 January (Australia Day), Good Friday, Easter Monday, 25 April (Anzac Day), the Queen’s Birthday (date differs between states and regions), 25 December (Christmas Day) and 26 December (Boxing Day).
Fair Work Act 2009 §115


Payment

Where an employee is absent from work on a public holiday, he or she is entitled to be paid at the employee’s base rate of pay for his or her ordinary hours.
Fair Work Act 2009 §116

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Bangladesh - Working time - 2011


LAST UPDATE

4 March 2011


Duration

All workers except tea plantation workers are entitled to 10 days of paid casual leave in each calendar year.

An adult worker is entitled to:
(a) for shop, commercial or industrial establishment, factory, or road transport service industry workers - one day’s paid annual leave per 18 days of work;
(b) for tea plantation workers - one day’s paid annual leave per 22 days of work; and
(c) for newspaper workers - one day’s paid annual leave per 11 days of work.

A period of leave shall be inclusive of any holiday which may occur during such period.
Labour Act 2006 - Unofficial English Translation by BEF §§115, 117(1), (3)


Payment

Annual leave is to be leave with wages. Casual leave is leave with full wages.
Labour Act 2006 - Unofficial English Translation by BEF §119

Amount

Leave and holidays allowed under the Labour Act 2006 are to be paid at the rate equal to the daily average of the worker’s full time wages including dearness allowance and ad-hoc or interim pay (if any) for the days on which he worked during the month immediately preceding the leave, but excluding any overtime allowance and bonus. If a worker is entitled to cash equivalent of any advantage accruing from the supply of food grains, it shall be included his wages for the period of leave.
Labour Act 2006 - Unofficial English Translation by BEF §119(1)
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Date of payment

Payment is to be made, so far as it is practicable, before the period of leave begins where the period is of:
(a) in the case of an adult worker - 4 or more days;
(b) in the case of an adolescent worker - 5 or more days.
Labour Act 2006 - Unofficial English Translation by BEF §119(2)


Number and dates

The entitlement is to 11 festival days, the days and dates of which shall be fixed by the employer in such a manner as may be prescribed.
Labour Act 2006 - Unofficial English Translation by BEF §118(1) and (2)


Payment

Leave and holidays allowed under the Labour Act 2006 are to be paid at the rate equal to the daily average of the worker’s full time wages including dearness allowance and ad-hoc or interim pay (if any) for the days on which he worked during the month immediately preceding the leave, but excluding any overtime allowance and bonus. If a worker is entitled to cash equivalent of any advantage accruing from the supply of food grains, it shall be included his wages for the period of leave.
Labour Act 2006 - Unofficial English Translation by BEF §119(1)


Brunei Darussalam - Working time - 2011


LAST UPDATE

19 September 2011

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Duration

General

The duration of the paid annual leave shall correspond to 7 days in respect of the first 12 months of continuous service with the same employer, and an additional one day’s annual leave for every subsequent 12 months of continuous service with the same employer and up to maximum 14 days of such leave.
Employment Order §71(1)(a)(b)

Exceptions

An employer who has served an employer for a period of not less than 3 months but who has not completed 12 months of continuous service in any year shall be entitled to annual leave in proportion to the number of completed months of service in that year.
Employment Order §71(2)


Payment

Amount

The employer shall pay the employee his gross rate of pay for every day of such annual leave and if an employee has been dismissed otherwise than for misconduct before he has taken that leave, the employer shall pay him his gross rate of pay in respect of every day of that leave.
Employment Order §71(7)


Number and dates

11 days.
1st January (New Year’s Day), First day of Hijriah, Chinese New Year, 23rd. February(National Day of Brunei Darussalam), Maulud Prophet Mohammad’s birthday, 15th. July (His Majesty the Sultan and Yang Di-Pertuan’s birthday), First day of Ramadhan, Anniversary of the reveletion of the Quran, Hari Raya Aidilfitri, Hari Raya Aidiladha, 25th. December (Christmas Day)
Employment Order Third Schedule


Number and dates

11 days.
1st January (New Year’s Day), First day of Hijriah, Chinese New Year, 23rd. February(National Day of Brunei Darussalam), Maulud Prophet Mohammad’s birthday, 15th. July (His Majesty the Sultan and Yang Di-Pertuan’s birthday), First day of Ramadhan, Anniversary of the reveletion of the Quran, Hari Raya Aidilfitri, Hari Raya Aidiladha, 25th. December (Christmas Day)
Employment Order Third Schedule


Payment

Every employee shall be entitled to a paid holiday at his gross rate of pay on every public holiday that falls during the time that he is employed, provided that-
-by agreement between the employer and the employee, any other day or days may be substituted for any one or more public holidays
-if any public holiday falls on a rest day, the working day next following that rest day shall be a paid holiday, and
-if any public holiday falls on a day when the employee is not required to work under his contract of service, the employer may either pay the employee for that holiday at his gross rate of pay or give the employee a day of in substitution for that holiday.
Employment Order §70(1)


Cambodia - Working time - 2011


LAST UPDATE

31 May 2011


Duration

The initial annual leave entitlement is 18 days for 12 months’ service, increasing with seniority.

General

All workers are entitled to paid annual leave at the rate of 1.5 work days per month of continuous service. However, the length of paid leave entitlement shall be increased according to seniority, at the rate of one day per 3 years of service.
Labour Law §166
Historical data (year indicates year of data collection)
  • 2009: 1.5 days per month 1 additional day per 3 years of service
  • 2007: 1.5 days per month 1 additional day per 3 years of service
  • 1995: 18 working days.

Exceptions

No relevant provisions identified.


Payment

Annual leave is to be paid.

Amount

The employer must pay a worker who goes on leave an allowance that is at least equal to the average wage, bonuses, benefits, and indemnities, including the value of benefits in kind, but excluding reimbursement for expenses, that the worker earned during the twelve months preceding the date of departure on leave. This allowance shall in no case be less than the allowance that the worker would have received had he actually
worked.

The employer must also include commissions or gratuities and shall base the calculation of these on the average monthly commissions or gratuities received over a period not exceeding 12 months of service immediately preceding the date of leave.
Labour Law §§110, 168

Date of payment

Payment must be made before the leave is taken.
Labour Law §168


Number and dates

Fixed on a yearly basis by implementing decrees (Prakas).
Labour Law §161


Payment

Monthly, bi-monthly or weekly wages are not to be reduced because of a public holiday. Workers who are paid by the hour, day or product shall be entitled to an indemnity equal to the wage lost as a result of the holiday. This indemnity shall be paid by the employer.
Labour Law §§162, 163


China - Working time - 2011


LAST UPDATE

1 April 2011


Duration

The duration of the annual leave entitlement varies depending on the worker’s length of service.
Regulations on Paid Annual Leave of Employees §3

General

The duration of the annual leave entitlement is:
(a) 5 days for employees who have accumulatively worked for 1-10 years;
(b) 10 days for employees who have accumulatively worked for 10-20 years; and
(c) 15 days for employees who have accumulatively worked for more than 20 years.
Regulations on Paid Annual Leave of Employees §3
Historical data (year indicates year of data collection)
  • 2009: Between 5 to 15 days, depending on the length of service.
  • 2007: Between five to 15 days, depending on the length of service.
  • 1995: No legal provision.

Exceptions

An employee will not be entitled to annual leave in any year that he has taken:
(a) winter vacation and summer vacation according to law and the leave days are more than the annual leave days;
(b) private affair leave for totally 20 days or more and no wages has been deducted for that reason;
(c) sick leave for totally 2 months or more when he is a work who has accumulatively worked for 1-10 years;
(d) sick leave for totally 3 months or more when he is a work who has accumulatively worked for 10-20 years;
(e) sick leave for totally 4 months or more when he is a work who has accumulatively worked for 20 years or more.
Regulations on Paid Annual Leave of Employees §4


Payment

Employees shall be paid for annual leave equally as for normal working hours.
Regulations on Paid Annual Leave of Employees §2

Amount

Employees shall be paid for annual leave equally as for normal working hours.
Regulations on Paid Annual Leave of Employees §2
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Date of payment

The date of payment is not prescribed by the Regulations.
Regulations on Paid Annual Leave of Employees


Number and dates

All employees are entitled to the following seven public holidays:
(1) 1 January - Gregorian calendar new year;
(2) 1-3 of the first month of the lunar calendar new year - Chinese New Year (or ’Spring Festival’);
(3) 1 May - International Labour Day;
(4) 1-3 October - National Day;
(5) Mid-autumn day*;
(6) Dragon boating day*; and
(7) Tomb sweeping day*.

* Date determined by Chinese lunar calendar
Labour Law 1994 §40
Measures on Annual Holidays for Public Festivals and Memorial Days


Payment

The employing unit shall pay wages according to law to labourers who observe statutory holidays, take leaves during the periods of marriage or funeral, or participate in social activities in accordance with law.
Labour Law 1994 §51


Fiji - Working time - 2011


LAST UPDATE

28 July 2011


Duration

Workers are entitled to 10 days’ paid annual leave for each complete year of service.
Employment Relations Promulgation 2007 §59(1)

General

Workers are entitled to 10 days’ paid annual leave for each complete year of service.
Employment Relations Promulgation 2007 §59(1)

Exceptions

No exceptions identified. However, if the employment relationship is terminated part-way through a year (including the first year of service), the worker is entitled to payment in lieu of leave at the rate of 5/6 of a day’s wages for each completed month of service.
Employment Relations Promulgation 2007 §60


Payment

The period of annual leave is to be paid, prior to the period of leave.
Employment Relations Promulgation 2007 §§59(1), 63

Amount

The worker must be paid such wages for the holidays as the worker would have been paid for the time the worker would have worked during that period.
Employment Relations Promulgation 2007 §59(1)

Date of payment

Wages in respect of the holiday must be paid in advance of or on the payday immediately preceding the holiday.
Employment Relations Promulgation 2007 §63


Number and dates

The Employment Relations Promulgation provides for 12 public holidays, which are to be observed in all workplaces:
(a) New Years Day;
(b) Good Friday;
(c) Easter Saturday;
(d) Easter Monday;
(e) Prophet Mohammed’s Birthday;
(f) Ratu Sir Lala Sukuna Day;
(g) Queen’s Birthday;
(h) Youth Day;
(i) Fiji Day;
(j) Diwali;
(k) Christmas Day; and
(l) Boxing Day.

Additional days may be appointed as public holidays by ministerial notice in the Gazette.
Employment Relations Promulgation 2007 §§64, 66


Payment

Workers are to be paid in respect of public holidays for the number of hours (exclusive of overtime) which the worker would normally have worked on that day had it not been a public holiday. However, the worker will have to had worked for the employer during the preceding work day and attend for work on the following work day to be entitled to payment for the public holiday, unless unable to attend due to certified illness or other reason acceptable to the employer.
Employment Relations Promulgation 2007 §67(3) and (4)


India - Working time - 2011


LAST UPDATE

14 May 2011


Duration

12 days of annual leave for every 240 days worked.

General

Adult factory workers are entitled to one day of paid annual leave for every twenty days of work performed by him during the previous calendar year.
Factories Act 1948 §79(1)(i)
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Historical data (year indicates year of data collection)
  • 2009: One day for every twenty days of work performed by him during the previous calendar year
  • 1995: 1 day for every 20 days of work.

Exceptions

The annual leave provisions of the Factory Act 1948 do not apply to workers in any factory of any railway administered by the Government, who are governed by leave rules approved by the Central Government.
Factories Act 1948 §78(2)


Payment

Annual leave under the Factories Act is to be paid at a rate equal to the daily average of the worker’s full time earnings.
Factories Act 1948 §§79, 80

Amount

Daily average of his total full time earnings for the day on which he actually worked during the months immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of advantage accruing through the concessional sale to the worker of foodgrains and other articles.
Factories Act 1948 §80(1)

Date of payment

Where 4 or more days of annual leave are taken at one time, the worker shall be paid the wages due for the period before the leave begins.
Factories Act 1948 §81


Indonesia - Working time - 2011


LAST UPDATE

4 August 2011


Duration

The annual rest period entitlement is to 12 days’ of leave.
Law on Manpower Affairs 2003 §79(2)(c)

General

Entrepreneurs must provide a yearly period of rest that is no shorter than 12 (twelve) workdays if the worker/labourer works for 12 (twelve) months consecutively.
Law on Manpower Affairs 2003 §79(2)(c)
Historical data (year indicates year of data collection)
  • 2009: 12 days
  • 2007: 12 days
  • 1995: 1 day for every 23 days of work (up to 12 days per year)

Exceptions

Workers in some enterprises (namely enterprises that provided longer rest periods before 23 March 2004) are entitled to a long rest period every 6 years of employment. This entitlement replaces the entitlement to 12 days’ rest with an entitlement to 2 months’ rest, which is to be taken over the course of every 7th and 8th year of employment as a period of 1 month’s leave each year.
Law on Manpower Affairs 2003 §79(2)(d), (4), (5)
Decision concerning the long period of rest in certain enterprises §§1, 2


Payment

Every worker/ labourer who uses his or her right to take the period of annual rest shall receive his or her wages in full.
Law on Manpower Affairs 2003 §84

Amount

The worker/labourer shall be entitled to full wages for the period of annual leave.
Law on Manpower Affairs 2003 §84
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Date of payment

No relevant provisions identified.


Number and dates

The number and dates of national holidays and collective leave is set by joint decree of the Minister of Religious Affairs, Minister of Labour and Transmigration and State Minister for Administrative and Bureaucratic Reforms of the Republic of Indonesia, and may vary from year to year.

In 2010, there were 13 national holidays and 3 days of collective leave.
Law on Manpower Affairs 2003 §85(1), (2), (4)
Joint Decree regarding national holidays and collective leaves in 2010 Attachment to the Joint Decree, Parts A and B


Payment

No relevant provisions identified.


Iran, Islamic Republic of - Working time - 2011


LAST UPDATE

15 August 2011


Duration

The annual paid leave entitlement is one month, including four Fridays.
Labour Code 1990 §64

General

A worker’s annual paid leave entitlement shall be a total of one month, including four Fridays. Other holidays shall not be considered part of such leave. Where work is performed for a period of less than one year, leave shall be calculated in proportion to actual length of service.
Labour Code 1990 §64

Exceptions

Workers performing arduous or harmful work shall be entitled to five weeks of annual leave. Such leave shall be taken, if possible, in two portions, during each consecutive six month period.

The leave entitlement of seasonal workers shall be determined on the basis of the number of months worked.
Labour Code 1990 §§65, 68


Payment

Annual leave is to be paid.
Labour Code 1990 §64

Date of payment

No relevant provisions identified.


Number and dates

No official declaration of the number and dates of official holidays identified, with the exception of 1 May.
Labour Code 1990 §63

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Payment

No relevant provisions identified.

Results generated on: 15th November 2018 at 20:41:00.
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