Unused Leave Payment Law

Do you know your Unused annual leave can be en-cashed?

Where a worker is dismissed or leaves his job after the period of notice, he shall be entitled to remuneration in respect of any days of annual or holiday leave not taken or not consumed.

You are entitled to the salary for all non-utilized annual leave along with the end-of-service benefits pursuant to your resignation from your current employment in accordance with Article 79 of the Federal Law No. 8 of 1980 regarding Labour Relations (Labour Law) which states, 

"Where a worker is dismissed or leaves his job after the period of notice prescribed by law, he shall be entitled to remuneration in respect of any days of annual leave not taken. Such remuneration shall be calculated on the basis of the remuneration that he earned on the date on which the leave became due."

You are entitled to the leave salary which will be calculated on the basis of the last remuneration drawn in accordance with Article 1 of the Labour Law which defines:

"Remuneration" as "All payments made to the worker on a yearly, monthly, weekly, daily, hourly, piece work, or production or commission basis, in return for the work he performs under the contract of employment, whether such payments are made in cash or in kind. Remuneration shall include the cost of living allowance.

It shall also include any grant given to the worker as a reward for his honesty or efficiency if such amounts are provided for in the contract of employment or in the internal regulations of the establishment or have been granted by custom or common practice to such an extent that the workers of the establishment regard them as part of their remuneration and not as donations."

If employer not paying annual leave payment to employee, he/she always have the right to register a complaint against him in mohre.

Link: Register MOHRE Complaint Online

Link: Check Your Gratuity Online
Link: Check Fines on your Name

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