A worker is entitled to 21 days’ paid annual leave or, where the employment is for less than a year, to 1.75 days for each month of employment, the aggregate number of days being rounded up upon addition to the highest integer.
Conditions of Employment Regulations 1991 §9(1)
Remarks: Saturdays, Sundays and Public Holidays shall be excluded in calculating a period of annual leave earned after 1 January 2006 (§9(9) Conditions of Employment Regulations).
Exceptions
The duration of annual leave varies for part-time and casual workers, according to the number of hours or consecutive days that they work.
Further, the leave entitlement of the worker in any year may be converted into cash payable in that year where it is mutually agreed between an employer and a worker.
Conditions of Employment Regulations 1991 §9(1), (4), (6), (7)
Remarks: Details of part-time and casual workers' annual leave entitlements are set out below.
Payment
Amount
Annual leave shall be paid. No provisions regulating the payment of annual leave taken by a worker identified. However, accumulated annual leave entitlements that are to be paid out by mutual agreement between the parties shall be paid as follows:
Salary per year x Number of days entitled / Number of days per year = Cash entitlement on account of leave not taken
Provided that any accumulated leave in excess of 42 days shall be paid at one and a half times the normal pay.
Conditions of Employment Regulations 1991 §9(1), (8)
Date of payment
No provisions regulating the payment of annual leave taken by a worker identified. However, accumulated annual leave entitlements that are to be paid out by mutual agreement between the parties shall be paid in the year that the entitlement arises.
Conditions of Employment Regulations 1991 §9(4)
Number and dates
The Central Bank of the Seychelles reports the following 11 public holidays (12 days in total): 1. New Year’s Day - January 1 & 2 2. Good Friday - April 10 3. Labour Day - May 1 4. Liberation Day - June 5 5. Corpus Christi - June 11 6. National Day - June 18 7. Independence Day - June 29 8. Assumption - August 15 9. All Saints Day - November 1 10. Immaculate Conception - December 8 11. Christmas Day - December 25
Public Holidays - Central Bank of Seychelles
Payment
No relevant provisions identified. A copy of the Public Holidays Act 1976 (Act 19 of 1976) was not available at the time of writing.
Somalia - Working time - 2011
LAST UPDATE
7 December 2011
Duration
General
Workers shall be entitled to 15 days’ leave with pay for every year of continuous service.
Labour Code 1972 §97(1)
Exceptions
Subejct to the scope of the Labour Code, no exceptions to the 15 days’ annual leave entitlement identified.
Remarks: The Labour Code does not apply to the armed forces, police forces and para-military forces of the State.
Payment
Amount
Annual leave shall be paid at the rate of remuneration payable to the worker at the beginning of the leave period.
Labour Code 1972 §97(8)
Date of payment
No relevant provisions identified.
Number and dates
The Labour Code entitles workers to a rest day on public holidays recognised as such by the State.
The Decree respecting public holidays provides that the following days shall be public holidays, on which special rules regarding hours of work must be observed and certain juridical acts cannot be validly performed: (1) National Commemoration Day - 1 July (2) every Friday (3) Labour Day - 1 May (4) Independence Day - 26 June (5) Muslim New Year’s Day - the first day of the month of Muharram (6) Neirus Day - commencement of the solar year (7) Id-El-Fitr - the first day of the month of Shawwal and the 2 following days (8) Arafa - the tenth day of the month of Dulheggia and the 2 following days (9) Nativity of the prophet Mohammed - the twelfth day of the month of Rabia I (10) National Flag Day - 12 October (11) United Nations Day - 24 October
The Decree also provides that 10 December (Declaration of Human Rights) shall be observed as a public holiday with reduced hours of work being observed in public offices.
Labour Code 1972 §§86(2), 96(3), 96(4) Decree respecting public holidays 1960 §§2, 3
Payment
The Labour Code entitles workers to full remuneration on the following national holidays: (1) Labour Day - 1 May (2) National Commemorative Day - 1 July (3) Revolution Day - 21 October (4) Idd-El-Fitr (2 days) (5) Idd-El-Adha (2 days) (6) 26 June (7) 12 Rabi-El-Awal (Birthday of the Prophet)
Labour Code 1972 §§86(2), 96(4)
Remarks: The Decree respecting employees' remuneration on certain public holidays 1960 provides that the following additional public holidays shall be also paid: (1) Neirus Day (commencement of the solar year) (2) National Flag Day - 12 October (3) United Nations Day
South Africa - Working time - 2011
LAST UPDATE
22 June 2012
Duration
General
An employer must grant an employee at least: (a) 21 consecutive days’ annual leave on full remuneration in respect of each annual leave cycle; or (b) by agreement, one day of annual leave on full remuneration for every 17 days on which the employee worked or was entitled to be paid; (c) by agreement, one hour of annual leave on full remuneration for every 17 hours on which the employee worked or was entitled to be paid.
Basic Conditions of Employment Act 1997 as amended 2002 §20(2)
Remarks: For the purposes of the annual leave entitlement, “annual leave cycle” means the period of 12 months' employment with the same employer immediately following: (a) an employee’s commencement of employment; or (b) the completion of that employee’s prior leave cycle (Art. 20(1) of the Basic Conditions of Employment Act 1997 as amended).
Historical data (year indicates year of data collection)
2009: 21 days, or
1 day for every 17 days worked, or
1 hour for every 17 hours worked.
2007: 21 days
1995: 14 days.
Exceptions
No exceptions identified. However, an employer may reduce an employee’s entitlement to annual leave by the number of days of occasional leave on full remuneration granted to the employee at the employee’s request in that leave cycle.
Basic Conditions of Employment Act 1997 as amended 2002 Art. 20(7)
Payment
Amount
An employer must pay an employee leave pay at least equivalent to the remuneration that the employee would have received for working for a period equal to the period of annual leave, calculated: (a) at the employee’s rate of remuneration immediately before the beginning of the period of annual leave; and (b) by reference to the number of hours the employee ordinarily works, in accordance with section 35 (Calculation of remuneration and wages).
Basic Conditions of Employment Act 1997 as amended 2002 §§21(1), 35(1)
Date of payment
An employer must pay an employee leave pay— (a) before the beginning of the period of leave; or (b) by agreement, on the employee’s usual pay day.
Basic Conditions of Employment Act 1997 as amended 2002 §21(2)
Number and dates
The following 12 statutory public holidays are set in South Africa: New Year’s Day 1 January Human Rights Day 21 March Good Friday Friday before Easter Sunday Family Day Monday after Easter Sunday Freedom Day 27 April Workers’ Day 1 May Youth Day 16 June National Women’s Day 9 August Heritage Day 24 September Day of Reconciliation 16 December Christmas Day 25 December Day of Goodwill 26 December
Whenever a Public Holiday falls on a Sunday the following Monday shall be a Public Holiday.
Public Holidays Act 1994 §2, Schedule 1
Payment
If a public holiday falls on a day on which an employee would ordinarily work, the employer must pay the employee at least the wage that the employee would ordinarily have received for work on that day.
Basic Conditions of Employment Act 1997 as amended 2002 Art. 18(2)
Sudan - Working time - 2011
LAST UPDATE
12 December 2011
Duration
General
The entitlement of the worker’s annual leave shall be as follows: (a) 20 days if a worker has been continuously employed by his employer for a period of one to three years; (b) 25 days if a worker has spent eight years or less than 15 years of continuous service with his employer; (c) 30 days if a worker has spent 15 or more years of continuous service with his employer.
Workers shall be also entitled to paid travel time from their workplace to their place of origin once a year.
Labour Code 1997 §§44(2), 45(1), 45(2)
Remarks: It is not clear from any of the available English versions of the Labour Code how a worker's annual leave entitlement is to be calculated where the worker has spent between 3 and 8 years of continuous service with his employer.
Exceptions
No exceptions to the duration of annual leave identified, save for the right to postpone annual leave until the following year with the employer’s agreement.
Labour Code 1997 §44(4)
Payment
Amount
Annual leave shall be taken on full pay.
Labour Code 1997 §44(1)
Date of payment
No relevant provisions identified.
Number and dates
No records of the number and dates of official holidays in Sudan identified.
Payment
Workers shall be entitled to leave with full pay on official holidays after three months of continuous service with their employer.
Labour Code 1997 §45(3)
Swaziland - Working time - 2011
LAST UPDATE
14 December 2011
Duration
General
An employee shall be given not less than two weeks’ holiday for every 12 months of employment with an employer.
Where during any annual holiday or part thereof being taken by an employee, any paid public holiday occurs, the period of the annual holiday shall be increased by one day in respect of that holiday and wages payable to the employee in respect of the annual holiday shall include one day’s wages for each such public holiday.
Employment Act 1980 §§121(1), 126
Exceptions
The entitlement to annual leave does not apply to: (a) outworkers; (b) members of the employer’s immediate family who work exclusively on the employer’s behalf and who live in the employer’s house.
Also, other categories of workers may be entitled to different durations of annual leave pursuant to the provisions of wage regulation orders or collective agreements.
Employment Act 1980 §119
Payment
Amount
Employees shall be paid, in respect of any period of annual leave, the wages he or she would have been paid for the time (other than overtime) he or she would normally have worked during that period.
Employment Act 1980 §121(1)
Date of payment
Wages in respect of the paid annual holiday shall be paid in advance not later than the last working day proceeding such holiday.
Employment Act 1980 §125(1)
Number and dates
The number and dates of public holidays shall be determined by a Wages Regulations Order or a collective agreement covering the employee’s terms and conditions of employment.
Employment Act 1980 §2
Payment
The right to a holiday on full pay on public holidays may be granted in pursuance of a Wages Regulations Order or a collective agreement covering the employee’s terms and conditions of employment.
Employment Act 1980 §2 (see definition of public holiday)
Tanzania, United Republic of - Working time - 2011
LAST UPDATE
15 December 2011
Duration
General
An employer shall grant an employee at least 28 consecutive days’ leave in respect of each 12 month period of employment, and such leave shall be inclusive of any public holiday that may fall within the period of leave.
Employment and Labour Relations Act 2004 §§30, 31(1)
Historical data (year indicates year of data collection)
2009: At least 28 consecutive days' leave.
21 days (seven days in respect of each period of full four months of service)
(Zanzibar).
2007: At least 28 consecutive days' leave.
21 days (seven days in respect of each period of full four months of service)
(Zanzibar).
1995: 28 days.
Exceptions
The number of annual leave days may be reduced by the number of days which the employer granted the employee paid occasional leave at the employee’s request during the 12 month period in which the annual accrued.
Employment and Labour Relations Act 2004 §31(2)
Payment
Amount
An employer shall pay an employee the remuneration the employee would have been paid had the employee worked during the period of leave before the commencement of the leave.
Employment and Labour Relations Act 2004 §31(4)
Date of payment
No relevant provisions identified.
Number and dates
The following days are declared public holidays in Tanzania: (1) Revolution Day - 12 January (2) Id-el-Fitr festival - 2 days (3) Good Friday (4) Easter Monday (5) Id-el-Haj festival - 1 day (6) Union Day - 26 April (7) International Workers’ Day - 1 May (8) Maulid Day (9) Saba Saba Day - 7 July (10) Independence and Republic Day - 9 December (11) Christmas Day - 25 December
Public Holiday Ordinance Amendment Act 1966 Schedule
Payment
No relevant provisions identified. However, a copy of the Public Holiday Ordinance (which the Public Holiday Ordinance Amendment Act 1966 amends) was not identified at the time of writing.
Togo - Working time - 2011
LAST UPDATE
5 May 2011
Duration
General
Two and a half days per month. Collective or individual agreements can contain a more favourable entitlement.
Labour Code Art.158
Historical data (year indicates year of data collection)
2007: 30 days (two and a half days per month).
Collective or individual agreements can contain a more favourable entitlement.
Exceptions
Workers hired abroad are entitled to additional leave to compensate for their travel time.
Labour Code Art.160
Payment
Amount
Leave allowances amount to 1/12th of the average wages and other remuneration elements of the preceding 12 months, unless more favourable conditions are provided by a collective or individual agreement.
Labour Code Art.160
Date of payment
Employer must pay leave allowances before the leave is taken.
Labour Code Art.160
Number and dates
Workers are entitled to 10 days of public holidays:
1 January: New Year’s Day; 13 January: National Liberation Day; 24 January: Economic Liberation Day/Victory’s Day; 27 April: National Party; 1st May: Worker’s Day/Ascension Day; 21 June: Patriotic Martyrs of Pya; 5 August: Assumption Day; 1st November: All Saint’s Day; 25 December: Christmas Day, Ramadan and Tabaski
Ordinance on Public Holidays Art.1
Tunisia - Working time - 2011
LAST UPDATE
15 June 2011
Duration
General
All workers shall perform at least 1 month of work during the reference year to be entitled to enjoy 1 day of leave per month with a total duration not exceeding 15 days, of which 12 will be working days.
Workers are entitled to additional leave days as follows; 1 day yearly for every 5 years of work with the same employer to a maximum of 18 days.
Labour Code Art.113-115
Historical data (year indicates year of data collection)
2009: 1 day per month to a maximum of 15 days, of which 12 must be weekdays.
Workers are entitled to additional leave days: 1 day yearly for every 5 years of work with the same employer to a maximum of 18 days.
2007: 1 day per month to a maximum of 15 days, of which 12 must be weekdays.
Periods of 26 weekdays are considered as 1 month of work for the purpose of calculating paid leave periods, which include paid leave periods, maternity leave and occupational injury leave of up to 1 year.
Workers are entitled to additional leave days: 1 day yearly for every 5 years of work with the same employer to a maximum of 18 days.
1995: 12 working days.
Payment
Amount
Workers are entitled to enjoy benefits during the annual leave, the normal wages that they would perceive plus other indemnities calculated on the period considered for the appreciation of the right to leave.
Labour Code Art.119
Number and dates
6 days: March 20th, May 1st, July 25th, November 7th, the day of Aid El Fitr and the day of the Aid El Idha.
However, civil servants are entitled to 14 days; Ras el am el Hajri (one day), Le Mouled (one day), Aid El Fitr (two days), Aid El Idha (two days), New Year; 1st of January (one day), Independence Day; March 20th (one day), Youth Day; March 21st (one day), Martyrs Day; April 9th(one day), Labour Day; May 1st (one day); Republic Day; July 25th (one day), Women and Family Day; August 13th (one day), Conmemoration of the November 7th Day; November 7th (one day).
Labour Code Art.445 Decree No.95-1085 Art.1
Uganda - Working time - 2011
LAST UPDATE
17 November 2011.
Duration
General
Subject to the provisions of this section - a) an employee shall, once in every calendar year, be entitled to a holiday with full pay at the rate of seven days in respect of each period of a continuous four months’s service, to be taken at such time during such calendar year as may be agreed between the parties; and b) an employee shall be entitled to a day’s holiday with full pay on every public holiday during his or her employment or, where he or she works for his or her employer on a public holiday, to a day’s holiday with full pay at the expense of the employer on some other day that would otherwise be a day of work.
Subject to subsection (2), any agreement to relinquish the right to the minimum annual holiday as prescribed in this section, or to forgo such a holiday, for compensation or otherwise, shall be null and void.
The Employment Act §54(1)(3)
Zambia - Working time - 2012
LAST UPDATE
July 2012
Duration
General
Employees are entitled to two days’ paid holidays in respect of each period of one month’s service.
Employment Act Art 15(1) Minimum Wages and Conditions of Employment (General) Order 2011 Section 5 of the Schedule Minimum Wages and Conditions of Employment (Shop Workers) Order 2011 Section 5 of the Schedule
Exceptions
The entitlement to paid holidays under the Employment Act is subject to any agreement between the parties providing for holidays with pay on conditions not less favourable to the employee than that provided for by section 15 of the Employment Act, and subject to any statutory determination concerning holidays made in accordance with the Minimum Wages and Conditions of Employment Act.
Also, an employer may, with the agreement of the employee, pay wages to such employee in lieu of any holiday due to the employee under article 15(1) of the Employment Act.
Employment Act Art 15(1) and (5)
Remarks: The Minimum Wages and Conditions of Employment (General) Order, the Minimum Wages and Conditions of Employment (Shop Workers) Order and the Minimum Wages and Conditions of Employment (Domestic Workers) Order establish the same entitlement as the Employment Act (i.e. 2 days' per month of service).
Payment
Amount
Employees are entitled to full pay for holidays, which is to include the employee’s basic pay, the cash equivalent of any food which may from time to time be provided, and working or other allowances where applicable for a period not exceeding one month, but does not include payments in respect of any bonus.
The Minimum Wages and Conditions of Employment (General) Order also refers to a holiday allowance, to be paid at one month’s basic pay.
Employment Act Art 15(1) and (4) Minimum Wages and Conditions of Employment (General) Order 2011 Section 5(4) of the Schedule
Date of payment
The Minimum Wages and Conditions of Employment (General) Order provides that an employer shall pay an employee who is proceeding on leave all money due to the employee, including holiday allowances, immediately before proceeding on leave.
Minimum Wages and Conditions of Employment (General) Order 2011 Section 5(3) of the Schedule
Number and dates
There are 11 public holidays set by statute: (a) New Year’s Day (b) Youth Day (12th March) (c) Good Friday (d) Holy Saturday (e) Labour Day (1st May) (f) African Freedom Day (25th May) (g) Heroes Day (First Monday in July) (h) Unity Day (Tuesday following Heroes Day) (i) Farmers Day (First Monday in August) (j) Independence Day (24th October) (k) Christmas Day
Public Holidays Act 1964 Art 2 and Schedule
Payment
The Minister may, by statutory order, declare any day or days required to be observed as or declared to be public holidays under the Public Holidays Act to be paid public holidays, and on any day which has been declared to be a paid public holiday every employee shall be entitled to a holiday with full pay if he does not, without the permission of his employer or reasonable excuse, absent himself from duty either on the day immediately preceding or on the day following such public holiday.
For the purpose of this entitlement, the expression "full pay" means basic pay, the cash equivalent of any food which may from time to time be provided, and working or other allowances where applicable for a period not exceeding one month, but does not include payments in respect of any bonus.
Employment Act Art 15(3) and (4)
Remarks: No relevant statutory orders have been identified.
Results generated on: 20th April 2024 at 01:32:56.
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