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Japan - Working time - 2011


LAST UPDATE

27 November 2011


Duration

General

The initial annual leave entitlement is 10 days’ leave.

Workers who have been employed continuously for at least one and half years shall be granted one additional day’s leave for each year of service, up to a maximum of 20 days’ leave.
Labor Standards Act 1947 §39(1), (2)
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Historical data (year indicates year of data collection)
  • 2009: 10 days After 2 years of service, 1 day is added, to a maximum of 20 days' annual leave.
  • 2007: 10 days After 2 years of service, 1 day is added, to a maximum of 20 days' annual leave.
  • 1995: 10 days.

Exceptions

Where a worker has reported for work on less than 80% of the total working days, the employer is not obliged to grant the worker annual leave in the following year.
Labor Standards Act 1947 §39(2)


Payment

Amount

The employer shall pay either the average wage or the amount of wages that would normally be paid for working the prescribed working hours, in accordance with the rules of employment or the equivalent thereto, calculated in accordance with §25 of the Ordinance for Enforcement of the Labor Standards Act 1947.
Labor Standards Act 1947 §39(6)
Ordinance for Enforcement of the Labor Standards Act 1947 §25

Date of payment

No relevant provisions identified.


Number and dates

There are reportedly 15 national holidays in Japan, as follows:
(1) 1st January - New Year’s Day
(2) 2nd Monday of January - Coming of Age Day (Seijin no Hi)
(3) 11th February - National Foundation Day (kenkoku kinen-no-hi)
(4) 20 (or 21) of March - Vernal Equinox Day (Shunbun no hi)
(5) [Golden Week] 29th April - Shõ­wa Day (Shõ­wa no hi)
(6) [Golden Week] 3rd May - Constitution Memorial Day (Kenpõ­ Kinen-bi)
(7) [Golden Week] 4th May - Greenery Day (Midori no hi)
(8) [Golden Week] 5th May - Children’s Day (Kodomo no hi)
(9) 3rd Monday of July - Marine Day (Umi no Hi)
(10) 3rd Monday of September - Respect for the Aged Day (Keirõ­ no hi)
(11) 22 (or 23) of September - Autumnal Equinox Day (Shubun no hi)
(12) 2nd Monday of October - Health and Sports Day (Taiiku no hi)
(13) 3rd November - Culture Day (Bunka no hi)
(14) 23rd November - Labor Thanksgiving Day (Kinrõ­ kansha no hi)
(15) 23rd December - The Emperor’s Birthday (Tennõ tanjõ­bi)
Act on National Holidays 1948


Payment

No relevant provisions identified as English translation of the Act on National Holidays not available.


Kiribati - Working time - 2011


LAST UPDATE

20 September 2011


Payment

In any contract it may be stipulated, subject to the provisions of section 10, that wages shall only be payable for days actually worked, for public holidays, and for days other than Sundays or other rest days on which through no fault of the worker no work is provided by the employer.
Employment Ordinance (as amended 2000 and 2008) §13


Korea, Republic of - Working time - 2011


LAST UPDATE

14 November 2011


Duration

General

An employer shall grant 15 days’ paid leave to a worker who has registered not less than 80% of attendance during one year.

Where a worker has a consecutive employment period of less than 1 year, the employer shall grant the worker 1 day’s paid leave for each month the worker has offered work without absence. However, once the worker has registered a year’s employment with 80% attendance, he or she shall be entitled to 15 days’ paid leave, less the number of days taken throughout the first year.
Labor Standards Act 1997 §60(1), (2), (3)
Historical data (year indicates year of data collection)
  • 2009: 1 day of paid leave per every months without any absences for employees employed since less than 1 year. 15 days of paid leave to employees who have more than 80% of attendance within the respective year; additional days for specified seniority.
  • 1995: 10 days.

Exceptions

In accordance with the scope of the Labor Standards Act and the scope of Chapter IV (Working Hours and Recess), the entitlement to annual leave does not apply to:
1. workers employed in businesses or workplaces which:
(a) ordinarily employ less than 5 workers; or
(b) employ only relatives living together with the employer, or
2. workers involved in the following types of work:
(a) cultivation of arable land, reclamation work, seeding and planting, gathering or picking-up or other agricultural and forestry work;
(b) livestock breeding, catch of marine animals and plants, cultivation of marine products or other cattle-breeding, sericulture and fishery business;
(c) surveillance or intermittent work, for which the employer has obtained the approval of the Minister of Employment and Labor;
(d) managerial and supervisory work or work of handling confidential information irrespective of type of business; or
(e) domestic work.
Labor Standards Act 1997 §§11, 63
Enforcement Decree of the Labour Standards Act 1997 §§7, 34 and Table 1


Payment

Amount

An employer shall pay ordinary wages, or average wages prescribed in employment rules or other regulations, during the period of leave
Labor Standards Act 1997 §60(5)
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Date of payment

The wages for the leave period are to be paid on the day before or immediately after the period of paid leave is granted.
Enforcement Decree of the Labour Standards Act 1997 §33


Number and dates

The following days are public holidays in South Korea:
1) New Year - January 1
2) Independence Movement Day - March 1
3) Children’s Day - May 5
4) Memorial Day - June 6
5) Constitution Day - July 17
6) Liberation Day - August 15
7) National Foundation Day - October 3
8) Hanguel Day - October 9
9) Christmas Day - December 25
10) Korean New Year (Seollal) - date varies, but falls on 1st day of 1st lunar month (3 Days)
11) Buddha Day - date varies, but falls on 8th day of 4th lunar month
12) Harvest Festival (Chuseok) - date varies, but falls on 15th day of 8th lunar month (3 days)


Payment

No statutory entitlement to payment on public holidays identified.


Lao People's Democratic Republic - Working time - 2011


LAST UPDATE

3 November 2011


Duration

General

The general annual leave entitlement is to 15 days leave per year.
Labour Law (Amended) 2006 §21
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Historical data (year indicates year of data collection)
  • 2009: 15 days
  • 2007: 15 days
  • 1995: 15 days.

Exceptions

Workers in sectors involving heavy work or work which is hazardous to their health are entitled to 18 days of annual leave with full pay at the normal rate. The relevant sectors are those that involve:
(1) direct exposure to radiation or contagious diseases, gas, smoke or dangerous chemicals, including explosives;
(2) working in pits, underground tunnels, underwater or at heights;
(3) working in abnormally hot or cold environments; and
(4) working directly with constantly vibrating machinery.
Labour Law (Amended) 2006 §§16, 21


Payment

Amount

While the general provision does not specify that annual leave is to be paid, the entitlement for workers in sectors involving heavy work or work which is hazardous to their health is full pay at the employee’s normal rate.
Labour Law (Amended) 2006 §21

Date of payment

No provision for date of payment identified.


Number and dates

Public holidays shall be determined by the government.
Labour Law (Amended) 2006 §19

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Malaysia - Working time - 2011


LAST UPDATE

7 November 2011


Duration

General

An employee who has completed 12 months of services is entitled to paid annual leave of:
(1) 8 days if employed for a period of less than 2 years;
(2) 12 days if employed for a period between 2 to 5 years;
(3) 16 days if employed for a period of 5 years or more.
Labour Ordinance (Sabah Cap 67 Amendment 2005) §104D
Employment Act 1955 §60E
Historical data (year indicates year of data collection)
  • 2009: An employee who has completed 12 months of services is entitled to paid annual leave of: (1) 8 days if employed for a period of less than 2 years; (2) 12 days if employed for a period between 2 to 5 years; (3) 16 days if employed for a period of 5 years or more.
  • 2007: An employee who has completed 12 months of services is entitled to paid annual leave of: (1) 8 days if employed for a period of less than 2 years; (2) 12 days if employed for a period between 2 to 5 years; (3) 16 days if employed for a period of 5 years or more.
  • 1995: 8 days.

Exceptions

The employer and worker may agree in writing to not take the annual leave, all or parts of it, and receive pay in lieu of leave.
Workers absenting themselves from work without the permission of the employer and without a reasonable excuse for more than 10 per cent of the working days during the 12 months of continous service in respect of which the entitlement to leave accrues are not entitled to paid annual leave.
Employment Act 1955 §60E(1), (2), and (3)


Number and dates

Every employee shall be entitled to a holiday on the following days in any one calendar year:
(a) on 10 of the gazetted public holidays, four of which shall be:
(i) the National Day;
(ii) the Birthday of the Yang di-Pertuan Agong;
(iii) the Birthday of the Ruler or the Yang di-Pertua Negeri of the State in which the employee wholly or mainly works under his contract of service, or the Federal Territory Day, if the employee wholly or mainly works in the Federal Territory; and
(iv) the Workers’ Day; and
(b) on any day declared as a public holiday under section 8 of the Holidays Act 1951.

There are 9 gazetted public holidays (totalling 11 days in length), as follows:
(1) Birthday of the Prophet Muhammad;
(2) Hari Kebangsaan or National Day;
(3) Chinese New Year (1 day in the States of Kelantan and Terengganu, 2 days in the other States);
(4) Wesak Day;
(5) Birthday of the Yang di-Pertuan Agong;
(6) Hari Raya Puasa (2 days);
(7) Hari Raya Haji (2 days in the States of Kelantan and Terengganu, 1 day in the other States);
(8) Deepavali;
(9) Christmas day.
Employment Act 1955 §60D(1)
Holidays Act 1951 §8 and First schedule

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Payment

Public holidays are to be paid at the employee’s ordinary rate of pay, except where the employee absents himself from work on the working day immediately preceding or immediately succeeding a public holiday without the consent of his employer (unless he has a reasonable excuse for his absence).
Employment Act 1955 §60D(1), (2)


Mongolia - Working time - 2011


LAST UPDATE

9 November 2011


Duration

General

The basic period of an annual vacation shall be 15 working days.

In addition to the basic annual vacation, employees working under regular working conditions shall be given additional vacation days based on the employee’s length of service, as follows:
(i) 6 to 10 years of employment - 3 working days;
(ii) 11 to 15 years of employment - 5 working days;
(iii) 16 to 20 years of employment - 7 working days;
(iv) 21 to 25 years of employment - 9 working days;
(v) 26 to 31 years of employment - 11 working days; and
(vi) more than 32 years of employment - 14 working days.
Labour Code 1999 §79.2, 79.5
Historical data (year indicates year of data collection)
  • 2009: 15 working days The duration of annual leave is increased after 6 years of work.
  • 2007: 15 days 18 days (6 to 10 years of work) 20 days (11 to 15 years of work) 22 days (16 to 20 years of work) 24 days (21 to 25 years of work) 26 days (26 to 31 years of work) 29 days (more than 32 years of work)
  • 1995: 21 working days.

Exceptions

In addition to the basic annual vacation, workers working under obnoxious working conditions are entitled to additional leave days as set by collective agreement, as follows:
(i) 6-10 years of employment - at least 5 working days;
(ii) 11-15 years of employment - at least 7 working days;
(iii) 16-20 years of employment - at least 9 working days;
(iv) 21-25 years of employment - at least 12 working days;
(v) 26-31 years of employment - at least 15 working days; and
(vi) 32 or more years of employment - at least 18 working days.

Duration of additional vacation for civil servants may be established by applicable laws.
Labour Code 1999 §§79.6, 79.7


Payment

Amount

An employee shall be given a regular vacation pay during the period of regular vacation. The amount of the regular vacation payment shall be determined on the basis of the employee’s average salary for the respective year.
Labour Code 1999 §55

Date of payment

Matters of payment during leave shall be governed by internal labour regulations, collective and employment agreement.
Labour Code 1999 §80.2


Number and dates

The Labour Code provides for the following public holidays (a total of 9 days):
(i) New Year’s Day - 1 January;
(ii) White Moon days (2 days) - the beginning of the first spring month according to the lunar calendar;
(iii) International Women’s Day - 8 March;
(iv) Children’s Day - 1 June;
(v) National Naadam holiday, Anniversary of the Mongolian People’s Revolution - 11, 12 and 13 July;
(vi) Day of the Proclamation of the People’s Republic - 26 November.
Labour Code 1999 §76.1


Payment

No provision for payment with respect to public holidays not worked identified.


Myanmar - Working time - 2011


LAST UPDATE

16 November 2011


Duration

General

Employees over the age of 15 years are entitled to 10 consecutive days’ leave per year.

Employees under the age of 15 years are entitled to 14 consecutive days’ leave per year.
Leave and Holidays Act 1951 §4(1)(a), (b)

Exceptions

An employee shall forfeit 1 day from his or her annual leave entitlement for every month during the preceding 12 month period in which he or she has not worked 24 days.

An employee who works in any trade, industry or establishment where work is not carried on continuously for 12 months shall be granted annual leave proportionate to his or her period of service.
Leave and Holidays Act 1951 §§4(2), 8
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Payment

Amount

An employee shall be paid his or her average wages or average pay (as the case may be) for a period of annual leave under the Leave and Holidays Act.
Leave and Holidays Act 1951 §4(1)

Date of payment

An employee who has been granted annual leave shall be paid the wages or pay due for the period of leave allowed before the annual leave begins.
Leave and Holidays Act 1951 §4(4)


Number and dates

Every employee shall be granted the following public holidays by his or her employer:
(i) Independence Day - 1 day
(ii) Full Moon of Tabaung - 1 day
(iii) Thingyan - 3 days
(iv) Burmese New Year - 1 day
(v) May Day - 1 day
(vi) Full Moon of Kason - 1 day
(vii) Resistance Day - 1 day
(viii) Beginning of Buddhist Lent - 1 day
(îx) Martyr’s Day - 1 day
(x) End of Buddhist Lent - 1 day
(xi) Full Moon of Tangsaungmon - 1 day
(xii) National Day - 1 day
Leave and Holidays Act 1951 §3(1)


Payment

Employees shall be granted the public holidays with full wages or pay (as the case may be).
Leave and Holidays Act 1951 §3(1)


Nepal - Working time - 2011


LAST UPDATE

3 May 2011


Duration

Every worker or employee shall be entitled to paid home leave at the rate of 1 day for every 20 days that he/she works.
Labour Rules 1993 §30


Payment

Home leave is to be paid at the rate of the wage which the worker or employee is receiving at the time of taking or paying out of the leave.
Labour Rules 1993 §30(1), (4)


Number and dates

There shall be 13 public holidays every year, the dates of which are to be decided at the beginning of every year by the Labour Relations Committee or, in enterprises that do not have a Labour Relations Committee, by mutual consent between the representative of workers and employees and the Proprietor.
Labour Rules 1993 §29(2), (3)

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Payment

Workers and employees shall be entitled to full pay for public holidays decided by the Labour Relation Committee, or by the mutual consent of employee and worker representatives and the Proprietor, at the beginning of each year.
Labour Rules 1993 §29(1)


New Zealand - Working time - 2011


LAST UPDATE

18 November 2011


Duration

General

Employees are entitled to not less than 4 weeks’ paid annual holiday.
Holidays Act 2003 §16(1)
Historical data (year indicates year of data collection)
  • 2009: 4 weeks, of which 2 weeks have to be granted without interruption.
  • 2007: 3 weeks (to 1 April 2007) 4 weeks (from 1 April 2007)
  • 1995: 3 weeks.

Exceptions

Up to one week of each year’s annual leave entitlement may be paid out, at the written request of the employee.
Holidays Act 2003 §28A


Payment

Amount

Annual leave must be paid at a rate that is based on the greater of:
(i) the employee’s ordinary weekly pay as at the beginning of the annual holiday; or
(ii) the employee’s average weekly earnings for the 12 months immediately before the end of the last pay period before the annual holiday.
Holidays Act 2003 §21(2)
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Date of payment

An employer must pay an employee for an annual holiday before the holiday is taken unless:
(a) the employer and employee agree that the employee is to be paid in the pay that relates to the period during which the holiday is taken; or
(b) the employee’s employment has come to an end.
Holidays Act 2003 §27
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Number and dates

The Holidays Act provides for 11 public holidays, as follows:
(1) Christmas Day
(2) Boxing Day
(3) New Year’s Day
(4) 2 January
(5) Waitangi Day
(6) Good Friday
(7) Easter Monday
(8) ANZAC Day
(9) the birthday of the reigning Sovereign (observed on the first Monday in June)
(10) Labour Day (being the fourth Monday in October)
(11) the day of the anniversary of a province or the day locally observed as that day
Holidays Act 2003 §§43, 44


Payment

If an employee does not work on a public holiday and the day would otherwise be a working day for the employee, the employer must pay the employee not less than the employee’s relevant daily pay or average daily pay for that day.
Holidays Act 2003 §49


Pakistan - Working time - 2011


LAST UPDATE

14 September 2011


Duration

General

Factory workers are entitled to 14 days’ holidays, inclusive of weekly rest days.
Factories Act 1934 §49-B(1)
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Historical data (year indicates year of data collection)
  • 2009: There is no general statutory provision but different provisions for different groups of workers (see exceptions).
  • 1995: 14 calendar days in factories and establishments. 1 day for every 30 days of work in tea plantations. 1 day for 17 days of work in underground mines. 1 day for 20 days of work for mines above ground and road transport.

Exceptions

Where the Provincial Government is satisfied that the leave rules applicable to workers in a factory provide benefits substantially similar to those for which this Chapter makes provision, it may, by written order exempt the factory from the provisions of this Chapter.
Factories Act 1934 §49-G


Payment

Amount

Annual leave is to be paid the daily average of the worker’s wage (as defined in the Payment of Wages Act 1936) paid with respect to the days worked over the preceding 3 months, exclusive of any amount earned in respect of overtime.
Factories Act 1934 §49-C
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Date of payment

Factory workers shall be paid half the total pay due for the period of holidays before the holidays begin.
Factories Act 1934 §49-D


Number and dates

Public Holidays:
Eid-ul-Azha (Tuesday & Wednesday)
Kashmir Day (5 February)
Ashura 1427 (Monday & Tueday)
Pakistan Day (23 March)
Eid Milad-un-Nabi (Tuesday)
Labour Day (1 May)
Independence Day (14 August)
Eid-ul-Fitr (Sunday, Monday & Tuesday)
Iqbal Day (9 November)
Quaid-e-Azam Day/Christmas (25 December)
Eid-ul-Azha 1427 (Saturday & Sunday)
Holidays for Muslim Festivals are subject to appearance of the moon for which a separate notification is issued.
List of Public Holidays

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Payment

Every factory worker shall be allowed holidays with pay on all days declared by the Provincial Government to be festival holidays.
Factories Act 1934 §49-I(1)

Results generated on: 23rd May 2019 at 10:25:51.
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