| Annual
Leave |
| Q1. |
How many days of
annual leave should be given in a year? |
| A1. |
An employee is entitled to 7 days' annual leave with pay after
serving every period of 12 months under a
continuous contract.
An employee's entitlement to paid annual leave will increase
progressively to a maximum of 14 days according to his length
of service as follows:
| Years
of Service |
Annual
Leave Entitlement |
| 1 |
7 |
| 2 |
7 |
| 3 |
8 |
| 4 |
9 |
| 5 |
10 |
| 6 |
11 |
| 7 |
12 |
| 8 |
13 |
| 9 or above |
14 |
|
| |
| Q2. |
Who determines the
timing of annual leave? |
| A2. |
The timing of the leave should be appointed by the employer after
consultation with the employee or his representative. The employer
should confirm by a written notice to the employee at least 14 days
in advance, unless a shorter period has been mutually agreed. |
| |
| Q3. |
Can annual leave
be granted separately to an employee? |
| A3. |
Paid annual leave should be granted for an unbroken period.
If the employee so requests, it may be granted in the following
manner: |
|
| Leave entitlement not exceeding 10
days |
Up to 3 days can be granted separately; the
balance should be granted consecutively |
| Leave entitlement exceeding 10 days |
At least 7 days should be granted consecutively |
|
| |
| Q4. |
Can an employer make
payment to an employee in lieu of annual leave? |
| A4. |
An employer should not include in an employment contract a term
to forego all or any of his employee's annual leave entitlement,
including payment of wages in lieu of any annual leave days.
However, the law allows an employee to choose to accept payment
in lieu of that part of his leave entitlement which exceeds 10
days.
[Example] : An employee who is entitled to 12 days' annual leave
can take 10 days' leave and accept payment of the equivalent wages
for the 2 days' leave.
|
| |
| Q5. |
If an employee resigns
before completing one year's service, should the employer grant
pro-rata annual leave pay to him? |
| A5. |
An employee is entitled to pro-rata annual leave pay on completion
of 3 months but less than 12 months' service in a leave year if
his employment contract is terminated unless the employee is dismissed
by summary dismissal. |