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Afghanistan - Working time - 2011


LAST UPDATE

13 April 2011


ANNUAL LEAVE AND PUBLIC HOLIDAYS

ANNUAL LEAVE

On the basis of law, employees are entitled for paid leave under the provision of this code.
Labour Code 2007 §10
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Qualifying period

Recreational leave may be taken after the first 11 months of service.
Labour Code 2007 §49(1)
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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

Schedule and splitting

It is the responsibility of the organisation to prepare the recreational leave schedule for the employees on a turn basis.

Employees are entitled to 20 successive days of recreational leave per year. This is transferable to the following year on the basis of the urgent requirement of the organisation subject to the agreement of the employee.

The employee may utilise the annual recreational leave in turn based on a schedule prepared by the organisation in consultation with the employee.

The employee may utilise the total of 10 days of his/her recreational leave based on urgent requirement every 6 month in a year.

The conditions and method of granting emergency leave to employees of non-governmental organisations, private sectors, joint ventures and international organisations resident in Afghanistan are to be set by agreement between the employer and employee and the contents of their contracts.
Labour Code 2007 §§43(1), 48, 58

Work during annual leave

If the person in charge of the organisation will not agree with the employee to take annual recreational leave due to huge work load, the worker will be entitled to the wage and other allowances pertaining to the employee.
Labour Code 2007 §43(1)

Special categories

Young workers have additional leave entitlements.
Labour Code 2007 §46

Young workers

Workers under the age of 18 years are entitled to 25 days of recreational leave.
Labour Code 2007 §46(2)

PUBLIC HOLIDAYS

Employees are entitled to public leave (holidays), national and religious.
Labour Code 2007 §§39, 41

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

Work on Public Holidays

Work may be performed on public holidays in certain circumstances and is to be remunerated at a higher rate.
Labour Code 2007 §44

Criteria

Work during public and general holidays is allowed by the agreement of the employee and approval of the employer in the following cases:
1) Work in an organisation where staff keeps on working around the clock, where delay in work may cause backwardness and create problem in providing public services;
2) Performance of work related to public services;
3) Performance of work that cannot be delayed, urgent repairs, loading and unloading of consignments, work related to the prevention of unforeseen accidents, removal of consequences of natural accidents and other exceptional cases;
4) Performance of other urgent pieces of works based on the approval of the person in charge.
Labour Code 2007 §44(1)

Compensation

Where work is performed on public or general holidays, the organisation is duty bound to grant, in addition to the normal overtime wage, 50 percent of the salary of the worker as an incentive.
Labour Code 2007 §44(2)
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EMERGENCY FAMILY LEAVE

Employee is entitled to 10 days’ essential leave with pay every year.

Workers are entitled to 10 days’ of urgent leave in the following cases:
1) marriage;
2) death of father, mother, brother, sister, spouse, son, father in law, mother in law, uncle, aunt and birth of a new baby.

Urgent leave in spread-about form, not exceeding 3 days, can be utilised through sending a notice and beyond that period through a written request.
Labour Code 2007 §51
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Algeria - Working time - 2011


LAST UPDATE

04 April 2011.

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ANNUAL LEAVE AND PUBLIC HOLIDAYS

ANNUAL LEAVE

Every worker has the right to annual leave paid by the employer. Any waiver by the worker of part or the whole of the leave is null and void.
Labour Relations Act §39

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.
Labour Relations Act §52

Schedule and splitting

The date and schedule of the annual holidays are determined by the employer on the advice of workers’ representatives.
Labour Relations Act §51

PUBLIC HOLIDAYS


Number and dates

11 days.

1st May; 5th July (Independence Day); 1st November (Revolution Day); Idul Fitr (2 days); Idul Adha (2 days); Awal Moharram (1 day); Achoura (1 day); El-Mawlid Ennabaoui (1 day); 1st January.

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

Work on Public Holidays


Compensation

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 §36

EMERGENCY FAMILY LEAVE

Besides the cases of absences forseen in the social security legislation, the employee can benefit, once justified and notified the employer, of the following absences without loss of remuneration:

-Whenever one of the following family events happen:
worker’s marriage, birth of the worker’s child, marriage of one of the worker’s descendents, death of one of the worker’s parents, children or brother/sister (as well as from his spouse), death of the spouse, circumcision of one of his children.
In any of these cases, the worker is entitled to a 3 day leave.
Labour Relations Act §54


Angola - Working time - 2011


LAST UPDATE

16 March 2011.

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ANNUAL LEAVE AND PUBLIC HOLIDAYS

ANNUAL LEAVE


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)

Schedule and splitting

The leave must be taken during the calendar year or before the end of the first term of the following year.

The schedule shall be determined preferably in agreement between the employee and the employer. In case the agreement is impossible, the employer shall determine the schedule for the worker’s annual leave.

However, workers’ preferences should be taken into account in deciding the date of annual leave.
General Labour Act §140(2)(3), 141

Special categories


Pregnant workers/recent birth

Female workers who have children until the age of 14 will have one day more of annual leave for each one of them.
General Labour Act §279

Part-time work

Part time workers must be granted 2 days of leave per month.
General Labour Act §139

Disabled workers

Disabled workers are entitled to an additional 5 days of leave.
General Labour Act §293 (3)

PUBLIC HOLIDAYS


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
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Work on Public Holidays


Criteria

Reasons for work on public holidays have to be officially recognized.
Public Holiday Act §4

Compensation

The worker is entitled to 100% of the normal wage and also to a compensatory rest day within the following three days.
Public Holiday Act §4


Antigua and Barbuda - Working time - 2011


ANNUAL LEAVE AND PUBLIC HOLIDAYS

ANNUAL LEAVE


Duration


General

The length of the annual leave for a worker who has successfully passed his probationary period is at least one day per month of employment. 12 days per year of work performed.
Labour Code of Antigua and Bermuda C 18(1)

Payment


Amount

Each employee who has successfully passed his probationary period is entitled to vacation leave without loss of at least the basic wage including the cash equivalent of payments in kind he would have received if he had not taken the leave.
Labour Code of Antigua and Bermuda C 18(1)

Schedule and splitting

The dates of the taking of earned vacation leave shall be fixed by agreement between employer and employee.

By mutual agreement the employer may advance leave not yet earned.

By mutual agreement earned vacation leave exceeding six days need not be taken in an unbroken time period.
Labour Code of Antigua and Bermuda C 18(3)(4)(5)

Work during annual leave

An employer shall not compel an employee to forego the taken of paid leave even though he pay extra.
Labour Code of Antigua and Bermuda C 18(6)

PUBLIC HOLIDAYS


Number and dates

New Years Day (the First day of January in each year), Independence Day (the First day of November in each year), Boxing Day (The26th day of December, the Day after Christmas), Easter Monday, Labour Day (The First Monday of May), Whit Monday, Carnival Holiday (The First Monday in August and the Tuesday following the First Monday in August), National Heroes Day (The 9th day of December) plus all Sundays, Christmas Day and Good Friday which are observed as Common Law Holidays.

Civil Servants are entitled to special leaves when in public interest. To this respect they will enjoy paid leave when required the participation in a national sporting event, to attend as a delegate a social, religious or educational conference of a recognized National Association or Trade Union, and for examination for the advancement of the officer´s knowledge.
The Public Holidays Act, Schedule
The Civil Service Regulations, 1993 §117(1)

Payment

No person shall be compellable to make any payment or to do any act upon public holidays, and the making of such the following day shall be equivalent.
The Public Holidays Act, §4

Work on Public Holidays

It is not permitted to open any shop or store on a public holiday for the sale of any article in Antigua and Barbuda. However the law states exceptions such as are the opening of drug stores or drug in case of necessity for making up prescriptions and supplying drugs, the opening of public markets or the sale of food or drinks up to the hour of 9 a.m., the opening of petrol stations for the sale of gasoline, oil or motor accessories, or of any garage for the purpose of effecting emergency repairs to motor vehicles.
The Public Holidays Act, §6, §7

Compensation

Public Holidays are paid and so an employee he shall suffer no loss of pay, and in case of non-payment, may be noted and protested on the next following day.
Labour Code of Antigua and Bermuda C 14(1)
The Public Holidays Act, §2


Argentina - Working time - 2011


LAST UPDATE

6 September 2011

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ANNUAL LEAVE AND PUBLIC HOLIDAYS

ANNUAL LEAVE

The enjoyment of paid annual leave has constitutional status in all the territory of the Republic.
Constitution Art.14 bis

Qualifying period

In order to be entitled to enjoy annual leave, the worker shall have worked at least the half of all working days in a year.

If the worker has not completed this time, he may enjoy 1 day of leave for each 20 days of effective work.
Act No. 20.744 on Employment Contracts Art.151

Duration


General

Every worker is entitled to enjoy an annual leave with a duration in between 14 to 35 days depending on the seniority of the worker.
Act No. 20.744 on Employment Contracts Art.150
Historical data (year indicates year of data collection)
  • 2009: 14 consecutive days
  • 2007: 14 consecutive days
  • 1995: 14 consecutive days.

Payment


Amount

A worker shall receive the regular remuneration during his leave, it shall be fixed as follows:

a) Where the work is remunerated on a monthly basis, the amount of the salary received when the leave is granted shall be divided by 25;

b) where the remuneration is fixed at a daily or hourly rate the worker shall receive for each day of his leave the amount that he would have received on the day prior to the date on which his leave begins;
for this purpose, the remuneration payable by law, agreement or contract shall if it is higher be taken as the basis for the calculation.
Where the normal working day is longer than 8 hours, the actual working day shall be taken as the basis, in so far as it does not exceed 9 hours. Where the day on which the calculations are based is shorter for any reason than the workers’ normal day, the remuneration shall be calculated as though that day correspond to the statutory working hours.

c) In the case of piece rates, individual or group commission payments, percentages or other variable forms of remuneration, the leave remuneration shall be fixed in accordance with the average remuneration received during the year corresponding to the grant of the leave or, if the worker so chooses, during his last six months of service.
Act No. 20.744 on Employment Contracts Art.155

Date of payment

Leave remuneration shall be paid at the start of the leave period.
Act No. 20.744 on Employment Contracts Art.155

Schedule and splitting

The employer shall provide the annual leave to the employees within the period from 1 October to 30 April of the following year.

The date of commencing the annual leave shall be comunicated to each worker on written comunication with at least 45 in advance.
Act No. 20.744 on Employment Contracts Art.154

Special categories


Young workers

Young workers are entitled to enjoy at least 15 days annual leave.
Act No. 20.744 on Employment Contracts Art.194

Agricultural workers

Agricultural workers shall enjoy a period of annual leave of 10 to 30 days depending on the seniority.
Act No. 22,248 approving the National Regulation on Agricultural Work Art.19 (a,b,c,d)

Domestic work

Domestic workers shall enjoy a period of annual leave of 10 to 20 days depending on the seniority.
Decree Law No. 326 on the Working Conditions of Domestic Workers Art.4

PUBLIC HOLIDAYS


Number and dates

11 days.
January 1 (New Year’s Day); Good Friday (before Easter Sunday); 24 March; May 1 (Labour Day); May 25 (Anniversary of the 1810 Revolution); June 10 (Malvinas Day); June 20 (Flag Day); July 9 (Independence Day); August 17 (Anniversary of the Death of General José de San Martín); October 12 (Columbus Day) and December 25 (Christmas Day).
Law No. 21.329 on Public Holidays and Days off Art.1

Payment

Public holidays are paid if the workers have rendered services to the same employer with at least 48 hours or 6 days in the last 10 working days preceeding to the public holiday.
Act No. 20.744 on Employment Contracts Art.168

Work on Public Holidays


Criteria

The employer shall work during public holidays in case of emergency or due to special demand of the national economy or the enterprise.
Act No. 20.744 on Employment Contracts Art.166,204,203

Compensation

A worker who performs services on any public holiday shall receive 100% increase of his regular remuneration for a working day.
Act No. 20.744 on Employment Contracts Art.166

EMERGENCY FAMILY LEAVE

Every worker is entitled to the following special paid leaves:
- In case of birth of his child: two days.
- in case of his marriage: ten consecutive days
- In case of death of spouse or de facto partner, child or parent: three consecutive days
- In case of death of a brother or sister: one day.
Act No. 20.744 on Employment Contracts Art.158


Armenia - Working time - 2011


LAST UPDATE

29 August 2011


ANNUAL LEAVE AND PUBLIC HOLIDAYS

ANNUAL LEAVE

Annual leave shall be a period calculated in calendar days granted to an employee for rest and rehabilitation of working capacity , during which his job/position and the average wage is retained.
Labour Code Art.158

Qualifying period

Annual leave for the first working year shall be granted as a rule, after six months of uninterrupted work at the organization. For the second and subsequent working years annual leave shall be granted at any time of the working year in accordance with the schedule of granting annual leave.

However, before the expiry of six months of uninterrupted work, annual leave shall be granted at the request of a female employee before a maternity leave or after it, and in other cases laid down by the collective contract.
Labour Code Art.164.1, art.164.3

Duration


General

Generally, the duration of annual leave shall be 28 days.

Extended annual leave up to 35 calendar days shall be granted to certain categories of employees whose wok involves great nervous, emotional and intellectual strain and professional risk.

In addition, an extra annual leave may be granted to the employees working in dangerous and harmful conditions, for employees with unregulated schedules, and for employees doing work of special nature.
Labour Code Art.159,160,161

Payment


Amount

The employer pays the average wage to the employee for annual leave, which is calculated by multiplying the average daily wage of the employee with the number of days of the leave being provided.
Labour Code Art.169

Date of payment

The pay for annual leave shall be paid at least three calendar days before the commencement of annual leave. Where the pay due to the employee is not paid at the defined period not through the fault of the employee, annual leave shall be extended by as many days the pay was delayed, and the pay for the extended period shall be the same as the pay for annual leave.
Labour Code Art.169.2

Schedule and splitting

The procedure of making the schedule shall be stipulated in a collective contract, and where such agreement is not made, the schedule of annual leave shall be made by agreement of the parties.

The annual leave may be provided in parts by the request of the employee. The duration of each part of the leave may not be less than 14 days.
Labour Code Art.163,164.2

Special categories


Young workers

After six months of uninterrupted work at an organization, under 18 years of age workers shall be entitled to choose the time of annual leave with priority.
Labour Code Art.164.4

Pregnant workers/recent birth

After six months of uninterrupted work at an organization, pregnant women and employees raising a child under the age of fourteen shall be entitled to choose the time of annual leave with priority.
Labour Code Art.164.4, 2)

Part-time work

Annual leave shall not be shortened for employees working part-time. Therefore part-time workers are entitled to enjoy 28 days of annual leave.
Labour Code Art.159.2

PUBLIC HOLIDAYS


Number and dates

In the Republic of Armenia the holidays and memory non working days are the following:
1) December 31. January 1 and January 2 -New Year; 2) January 6- Christmas; 3) January 28 -Day of the Army; 4) March 8- Women’s Day; 5) April 24-Commemoration day of Genocide Victims; 6) May 1- Day of Labour; 7) May 9-Day of Victory and Peace; 8) May 28 -Holiday of Republic; 9) July 5 -Day of the Constitution; 10) September 21- Day of Independence.
Labour Code Art. 156

Work on Public Holidays


Criteria

It shall be prohibited to involve employees to work on holidays, with the exception of work which cannot be interrupted on technical grounds needed for providing services to the population as well as work involving urgent repair loading and unloading.

Pregnant women, the employees raising a child under the age of one year and persons under eighteen may be assigned work on rest and memory days only upon their consent.
Labour Code Art.156.2

Compensation

The work performed on a public holiday, unless it is not envisaged in the work schedule, is paid for in the amount not less than the double hourly (daily) rate or the double remuneration rate, or it shall be compensated for by granting the employee another rest day during the month or by adding that day to his annual leave.
Labour Code Art.185.1

EMERGENCY FAMILY LEAVE

Unpaid leave shall be granted at the request of the employee:
1) to the employees at maternity or delivery leave, as well as to the husband of a woman who takes care of a child under 1 and duration of that leave cannot be longer, than two months;
2) to the disabled employee or to the employee taking care of a sick member of the family within the terms established by the medical conclusion, however, not longer, than within 30 calendar days a year.
3) for a marriage- three calendar day;
4) for funerals of a family member at least three calendar days.
Labour Code Art.176.1


Australia - Working time - 2011


LAST UPDATE

7 March 2011


ANNUAL LEAVE AND PUBLIC HOLIDAYS

The National Employment Standards provide a statutory entitlement to annual leave and public holidays.
Fair Work Act 2009 Divisions 6 and 10 of Part 2-2 of Chapter 2

ANNUAL LEAVE

All employees other than casual employees have a statutory entitlement to annual leave.
Fair Work Act 2009 §86

Qualifying period

There is no qualifying period for annual leave. Annual leave entitlements accrue progressively throughout a year of service, according to the employee’s ordinary hours of work.
Fair Work Act 2009 §87(2)

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

Schedule and splitting

Paid annual leave may be taken for a period agreed between an employee and his or her employer. The employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
Fair Work Act 2009 §88

Special categories


Shift work

Shift workers are entitled to 5 weeks of annual leave. For the purposes of the annual leave entitlements, a worker is a shift worker if he or she is:
(a) defined or described as such by an applicable modern award or enterprise agreement; or
(b) regularly rostered to work shifts in a 24/7 schedule, and regularly works on Sundays and public holidays (unless in a class of workers excluded from the additional entitlement by the regulations); or
(c) in a class of workers prescribed as shift workers by the regulations.
Fair Work Act 2009 §87(1)(b), (3) and (4)
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Young workers

A modern award or enterprise agreement may replace the annual leave entitlement for school-based apprentices or school-based trainees with paid loadings in lieu of paid annual leave.
Fair Work Act 2009 §126

Domestic work

There are no provisions specific to domestic workers in the Fair Work Act 2009. To the extent that domestic workers are engaged to work in a State or Territory which has referred its industrial relations powers to the Commonwealth (all but Western Australia), the domestic worker is entitled to the annual leave entitlements provided by the National Employment Standards.
Fair Work Act 2009 §§30C, 30D, 60

Pregnant workers/recent birth

Workers may use their annual leave entitlements while on unpaid parental leave without affecting the continuity of the period of unpaid parental leave.
Fair Work Act 2009 §79
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PUBLIC HOLIDAYS

An employee is entitled to be absent from work on a public holiday.
Fair Work Act 2009 §§ 114

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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Work on Public Holidays

The employer may request the employee to work on a public holiday, but the employee may refuse to work if the request is unreasonable or the refusal is reasonable.
Fair Work Act 2009 §114

Criteria

In determining whether a request, or a refusal of a request, to work on a public holiday is reasonable, the following must be taken into account:
(a) the nature of the employer’s workplace or enterprise (including its operational requirements), and the nature of the work performed by the employee;
(b) the employee’s personal circumstances, including family responsibilities;
(c) whether the employee could reasonably expect that the employer might request work on the public holiday;
(d) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday;
(e) the type of employment of the employee (e.g. full-time, part-time, casual or shiftwork);
(f) the amount of notice given by the employer when making the request;
(g) the amount of notice given by the employee when refusing the request;
(h) any other relevant matter.
Fair Work Act 2009 §114(4)

Compensation

The Fair Work Act 2009 does not prescribe a rate of compensation to be paid in the event that an employee works on a public holiday. However, his or her entitlement to overtime pay is relevant to determining the reasonableness of a request and/or a refusal to work on such a day.
Fair Work Act 2009 §114(4)(d)

EMERGENCY FAMILY LEAVE

There are three types of emergency family leave to which an employee may be entitled.

The first is an entitlement to 10 day of paid personal/carer’s per year of service, which accrue progressively and accumulate from year to year and may be taken in the event that an employee is unfit for work or needs to care for an immediate family or household member. This entitlement does not apply to casual employees.

The second is an entitlement to up to 2 days of unpaid personal/carer’s leave, which arises where an employee needs to care for an immediate family or household member but does not have any (remaining) entitlement to paid personal/carer’s leave. This entitlement applies to all employees, including casual employees.

The third is an entitlement to days of compassionate leave for each
occasion (a permissible occasion) when a member of the employee’s immediate family, or a member of the employee’s household:
(a) contracts or develops a personal illness that poses a serious threat to his or her life; or
(b) sustains a personal injury that poses a serious threat to his or her life; or
(c) dies.
The entitlement to compassionate leave applies to all employees, but casual employees are not entitled to pay for the relevant period.
Fair Work Act 2009 Division 7 of Part 2-2 of Chapter 2


Austria - Working time - 2011


LAST UPDATE

29 November 2011.


ANNUAL LEAVE AND PUBLIC HOLIDAYS

ANNUAL LEAVE


Qualifying period

The entitlement to annual leave arises after the first six months of work of the reference year in which the annual leave is intended to be taken. After the second year of service, the whole annual leave may be taken in the beggining of the year. Leave, to which no payment is due, cannot be reduced, unless otherwise provided in the law.
Annual Leave Act §2(2)

Duration


General

The employee shall be paid for annual leave. If the employee has less than 25 years of service, s/he shall be given 30 days of annual leave. If the employee has 25 years of more, s/he shall be given 36 days of annual leave.
Annual Leave Act §2(1)
Historical data (year indicates year of data collection)
  • 2009: 30 days (employment of less than 25 years) 36 days (employment of 25 years or more)
  • 2007: 30 days (employment of less than 25 years) 36 days (employment of 25 years or more)
  • 1995: 30 working days.

Payment


Amount

During leave the employee retains the right to remuneration according to the following:
After weeks, months or longer periods, the remuneration for the holiday may not be reduced.
In every other case, a regular wage for holiday shall be paid. Regular wage is that the employee would receive, if s/he would be working.
Collective agreements may regulate the benefits to which the worker is entitled to, as well as the methods of calculation of the holiday remuneration, notwithstanding paragraphs 3 and 4 above.
Annual Leave Act §6(1)(2)(3)(5)

Date of payment

The payment for the total duration of the annual leave shall be made before the beggining of the leave.
Annual Leave Act §6(6)

Schedule and splitting

The timing of the annual leave must be agreed between the employer and the worker, taking into account the needs of the employer and the opportunities for rest available to the worker.

The leave period can be split into parts, provided each is of at least six working days in duration.
Annual Leave Act §4(1)(3)

Special categories


Night work

Workers who carry out at least six hours of heavy night work are entitled to:
(1) two extra days of annual leave, where this work was performed 50-100 times a year;
(2) three extra days where it was performed 100 times a year or more.

Workers who perform heavy night work 40-49 times per year are entitled to
(1) two extra days of annual leave, where this work was performed 100 times or more during the current and previous year;
(2) three extra days, where it was performed 150 times or more.

Workers are entitled to four extra days of annual leave after five years of heavy night work and to six extra days after 15 years.
Annual Leave Act §10a

Young workers

The right of young workers to leave is governed by the rules applicable to them each holiday.

At the request of the young workers, at least 12 days of leave must be granted in the period between 15 June and 15 September.
Employment of Children and Young Persons Act §32

Domestic work

The employee shall be entitled to an uninterrupted holiday in each year of service, which holiday shall, except as otherwise provided below, be governed by the provisions of Chapter 1 of Article I of the Federal Act of 7 July 1976 Governing Har-monisation of the Holiday Law and Introduction of Care/Nursing Leave, Federal Law Gazette no. 390.
During such holiday, the employee shall be entitled to a holiday bonus in addi-tion to the benefits in kind payable pursuant to Para (2) of Section 3 and the monetary remuneration due for the same period. This holiday bonus shall be double the monthly monetary remuneration if the employee¿s service counting towards the holiday entitle-ment is less than 20 years, or 2.5 times of the monthly monetary remuneration if such period exceeds 20 years.
Federal Act on Domestic Help and Servants §9(1)(2)

PUBLIC HOLIDAYS


Number and dates

For the purpose of this Federal Act, public holidays shall be:
January 1 (New Year’s Day), January 6 (Epiphany), Easter Monday, May 1 (national holiday), As-cension Day, Whit Monday, Corpus Christi Day, August 15 (Assumption Day), October 26 (national holiday), November 1 (All Saints’ Day), December 8 (Immaculate Conception), December 25 (Christ-mas), December 26 (Boxing Day).
Work and Rest Act §7(2)

Payment

Workers shall retain their entitlements to pay for hours of work lost due to any public holiday or substitute rest (§ 6).
Workers shall be entitled to the level of pay they would have received if hours of work were not lost for the reasons mentioned in paragraph 1.
Work and Rest Act §9(1)(2)

Work on Public Holidays


Criteria

During public holidays, workers can be engaged only in specified tasks. These tasks include
-cleaning and maintenance work that cannot be undertaken during normal hours;
-workplace security
-the provision of food and drink to workers obliged to work;
-the transport of workers obliged to work to and from the workplace.

In extraordinary circumstances, workers may perform work during public holidays that cannot be postponed, where the reasons for the work were unforeseen and other measures cannot be taken. This work can be performed where:
(1) it is needed to prevent a direct danger to life or health;
(2) a state of emergency is in place;
(3) it is necessary to repair a fault, to prevent goods from deteriorating or to avoid some other disproportionate economic damage.

The employer must report this work to the Labour Inspectorate within four days of the first time work on a public holiday is performed

Further exceptions can be foreseen in collective agreements in order to prevent economic disadvantages and to ensure employment.
A number of sectors are exempted from the prohibition of work on public holidays including mining, agriculture, the metal industry, building, food, transport, telephone, news media, data processing and information technology; tourism; health care and medical services; the service industry and commerce. In these sectors, workers may only perform the types of tasks they perform on other days and work directly related to this work or without which it cannot be performed, insofar as it cannot be done before or after the holiday.

Works during public holidays can also be permitted in certain occupations if there exists a special regional demand.

A decree can permit work in specific enterprises on the weekend, provided that it is 1) necessary to meet urgent needs; 2) necessary for the needs and necessities of holidays and recreation in tourism; 3) necessary for the handling of traffic; 4) necessecary for technological reasons, which necessitate an uninterrupted progress; 5) in mining: work that necessitates uninterrupted progress for technological or natural reasons, 6) work which cannot be delayed in order to prevent a failure of the result, if this cannot be prevented by other measures; 7) necessary, given that raw maternials used would otherwise quickly deteriorate, which are necessary to be used due to the specificity of the enterprise.
Work and Rest Act §10, 11, 12, 12a

Compensation

Workers who work on a public holiday are entitled to payment for their work in addition to their normal pay for that day, unless compensatory time-off has been agreed. The compensatory time-off must amount to at least one calendar day or 36 hours.
Work and Rest Act §9(5), 7(6)


Bahamas - Working time - 2011


LAST UPDATE

6 October 2011


ANNUAL LEAVE AND PUBLIC HOLIDAYS

ANNUAL LEAVE


Qualifying period

In order to be entitled to enjoy annual leave, the worker shall have worked at least 12 months with the same employer.
Employment Act §12(1)

Duration


General

Every employer shall give a vacation of at least two weeks to each employee upon the completion of each twelve months of employment.

The vacation shall be extended by one day for every public holiday that occurs during the vacation.
Employment Act §12(1)(2)
Historical data (year indicates year of data collection)
  • 2009: At least two weeks.
  • 1995: 1 week.

Payment


Amount

The annual leave is paid as follows; one week’s basic salary for employees having been employed for six months. Two weeks’ basic salary for employees having been employed for one year or more. Three weeks’ basic salary for employees having been employed for seven years or more.
Employment Act §13(2)(a)-(c)

Date of payment

The employer shall at least one day before the beginning of the vacation, or such earlier time as may be prescribed, pay to the employee the vacation pay to which he is entitled in respect of that vacation
Employment Act §14

PUBLIC HOLIDAYS


Number and dates

Ten days. 1st of January, Good Friday, 1st Monday after Easter, 1st Monday after Whitsunday, Labour Day(first Friday in June), Independence Day (10h July), 1st Monday in August, 12th of October, Christmas Day, Boxing Day (26th of December).
Public Holidays Act 1st Schedule

Payment

Relevant provisions have not been identified.

Work on Public Holidays


Criteria

Public holidays shall be kept as close holidays in all public offices and banks, and in all shops.
However, nothing shall be deemed to prohibit the opening of any shop on any public holiday
(a) for the sale of any drugs or medicines;
(b) for the sale of ice;
(c) for the sale of bread, fresh and frozen fish, fresh fruit, fresh vegetables, butchers’ meat, and fresh dairy products, until the hour of ten o’clock in the morning;
(d) for the sale of any article required for the burial of a dead body, or in the case of illness of any person or animal, or in any other emergency;
(e) for the sale of petroleum products;
(f) for the sale of fresh water;
(g) for the sale of newspapers and periodicals.
When any public holiday shall fall on a Sunday the following day shall be observed and kept as a public holiday.
Public Holidays Act §3

Compensation

It is not expressly mentioned in the legislation. However, it seems that working on a public holiday is remunerated at a higher rate of payment.
Public Holidays Act §8(3)

EMERGENCY FAMILY LEAVE

An employee who has been employed for at least six months is entitled to family leave without pay for a period not exceeding one week per annum following the birth of a child; or the death or illness of a child, spouse or parent.
Employment Act §20(1)


Bahrain - Working time - 2011


LAST UPDATE

16 May 2011


ANNUAL LEAVE AND PUBLIC HOLIDAYS

ANNUAL LEAVE


Qualifying period

To be entitled to enjoy annual leave , the worker shall at least completed one year’s continuous service.
The Labour Law for the Private Sector Art.84

Duration


General

Every worker is entitled to not less than 21 days of annual leave for each year of work. After 5 years of work, the worker is entitled to increase such number of days to at least 28 days.
The Labour Law for the Private Sector Art.84

Exceptions

A Muslim worker may get a 2 week paid vacation to perform the pilgrimage once during the period of his service provided that his service with the employer shall not be less than 5 continuous years.
The Labour Law for the Private Sector Art.88

Payment


Amount

Annual leave is paid as 100% of the normal salary.

A worker shall be entitled to receive a cash consideration equivalent to his wages for the days of annual leave due to him after two-year period if he terminates the contract of employment before having taken all his annual leave and such payment shall be for the period which he has not taken as due leave.
The Labour Law for the Private Sector Art.84, art.86

Schedule and splitting

An employer is entitled to schedule the date of annual leave. Such leave, other than the first half of the prescribed entitlement, may be taken at intervals with the consent of the worker.

An employer may approve the deferment of the annual leave entitlement at the request of a worker for a period not exceeding two years provided the worker shall take ten consecutive days of his annual leave entitlement in each year.
The Labour Law for the Private Sector Art.85

PUBLIC HOLIDAYS


Number and dates

Official holidays on full wage which shall be granted to a worker
are as follows; First day of Al-Hijra Calendar Year, Eid El-Adha, Eid El-Fitr, 1st Muharram, 10th ,11th and 12th Thulhaja, 1st , 2nd ,and 3rd Shawal, The Prophet’s Birthday, 12th Rabie Al-Awal, National Day, 16th December, Ashoora, 9th and 10th Muharram, First day of the New Gregorian Year, 1st January.

If a Friday or any official holiday coincides with any one of the aforementioned official holidays, a day in lieu thereof shall be granted.
The Labour Law for the Private Sector Art.81, art.83

Payment

Public Holidays are paid as 100% of the normal salary.
The Labour Law for the Private Sector Art.83

Work on Public Holidays


Criteria

Workers can be compelled to work on any official holiday if the conditions of the work so requires against an increase in the remuneration.
The Labour Law for the Private Sector Art.80

Compensation

The compensation for work performed during any public holiday shall be equivalent to 150% rate of his normal wage or, he shall be granted another day in lieu thereof.
The Labour Law for the Private Sector Art.81

EMERGENCY FAMILY LEAVE

A worker shall be entitled to leave on full pay as follows:

· Three days in the event of his marriage;
· Three days in the event of the death of his/her spouse or any of his/her relatives to the fourth degree of relationship;
· Three days in the case of death of his/her spouse’s relatives to the first degree of relationship and one day to the fourth degree of relationship.
· One day upon the birth of his child.

Concerning the aforementioned circumstances, the employer shall be entitled to request the worker to submit the documents establishing the facts relating thereto.
The Labour Law for the Private Sector Art.87

Results generated on: 01st March 2024 at 06:43:53.
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