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What is the annual leave entitlement of the Employee?
The Employee is entitled to Annual leave yearly for every year of service provided. The leave is calculated as below:-
1. If the employee has completed his services more than 6 months and less than one year then Two days leave for every month of the service provided.
2. The employee is entitled for thirty days annually on successfully completing one year of services in the company. If the employee completes more than a year and wants to avail leave after 15 months, the employee is eligible for 30 days of last year and fraction of leave of the current year.
What should be considered while annual leave calculation is done of the employee?
The employee is entitled to receive his basic wage plus his accommodation allowance during the annual leave calculation. Any other allowances which he receives in the working month should also be considered in calculating the annual leave pay.
What should be considered while annual leave calculation is done of the employee?
The employer has the right to decide on employee annual leave to be taken after completing the year and if required he is entitled to divide the leave into two parts depending on the nature of the work.
The Employee is not required to work during his annual leave more than once during 2 consecutive years of the service provided. The Employer if required can defer the annual leave once in 2 consecutive years provided that the employee is being paid the annual leave wages. The employee has the right to be paid his full wage before taking his annual leave, plus the wage of the leave days he has accrued.
Calculation of the Annual leave due during Termination or Resignation
If the employee is Terminated or Resigned from the job the annual leave calculation will be done from the date of joining until the time of Termination or Resignation. If the period is more than 6 months or less than a year then the employee is entitled to receive:-
– Two days of leave every month from the date of joining.
– If it is more than a year than 30 days of annual leave is considered
– If the employee has completed 15 months and then the leave period of 30 days plus 2 days of every month from the completion of one year.
s per the Article 79- An employee is entitled to receive cash in lieu of annual leaves not availed by him, if he was dismissed or if he left the service , after the period of notice stipulated by law. Cash in lieu is calculated on the basis of pay received by the employee at the time of maturity of such leave.
In other words, the employee is entitled to payment for the annual leave period not taken if the employment is terminated either by way of resignation or termination. Such payment is calculated on the basis of the basic wage received at the time the leave was due.
Accrued leave pay is based on only basic pay it doesn’t includes housing, transport or other allowances.
As per the Article (80)– Annual leave salary shall be paid to the employee before taking his annual leave, the employee shall be paid his full wage, plus the wage of his leave days he deserves according to the provision of this law.
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