Official Leaves Eng

8/7/2019 Official Leaves Eng

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Official Leaves

1. What are the occasions of leaves and is the worker entitled to remuneration

for them?The worker shall be entitled to an official leave with full pay on the following occasions:

article (74):

one dayNew year's Day (Hegria)1

one dayNew year's Day (Christian)2

two daysFeast of Lesser Bairam3

three daysFeast of Greater Bairam and Eve of Greater Bairam4

one dayBirthday of the prophet5

one dayNocturnal Journey and Ascension of the Prophet:6

one dayNational Day7

* Compensation the worker is entitled to in case of depriving him from the leave:

2. What is the compensation the worker is entitled to in case the employer employed him at

the leave of occasions?

Employer shall grant the worker a compensatory leave equal to it with payment of bonus

(50%) from the fee but if he is not compensated by another leave, employer shall pay

him an increase in the basic remuneration in a percentage of (150%)article (81).

* Number of days of the annual leave :

3. What is the number of days of the annual leave and when it will be due to the worker?

According to the article (75) from the labor law, the worker is entitled to be granted an

annual leave which shall not be less than the following periods:

- Two a month, where the worker's period of service is more than six months

but less than a year,

- 30 days a year, where the worker's period of service is more than one year,

- Where a worker's service is terminated, he shall be entitled to annual leave in

respect of fractions of the last year.


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* Decrease or increase in the period of leave ?

4. Is it permitted to decrease or increase the period of annual leave?

It is not allowed to agree on decrease of the period of leave, but it is allowed to increase the

period legally established in order to achieve more to the interest of worker.

* Annual Leave:

5. Is the worker entitled for annual leave if the period of his service with the

employer is less than 6 months?

According to the wording of article (75), the worker is not entitled for annual leave, if his

period of service less than six months.. because the worker during this period is under

probation , so his contract contingent with a condition , as per the article (37).

6. Who has the title to specify beginning of the annual leave , and can it be divided?

Employer is entitled to specify the beginning of the annual leave and he is also entitled ,

when necessary , to divide the leave in order to ensure good performance of work in the

establishment .. Article (76) .

* Forwarding the leave :

7. Can the leave be forwarded to the following year?

It can be forwarded to the following year , but it cannot be suspended for more than two

years.

* Remuneration of leave

8. What is the remuneration received by the worker for the leave?

The worker shall receive his basic fees provided for in the employment contract in addition

to the allowance of housing , if any.. in case his leave is postponed to the following year , the

worker is entitled to receive his basic fee and all allowances plus remuneration of the leave.

* Dismissal from work :

9. What is the period for which the worker is entitled to a remuneration of leave in case he

is dismissed from the work ?

As per the wording of articles ( 75, 76, 78, 79 ) from the labor law , the worker is entitled in

case of his dismissal to a consideration against days of the annual leave which he has not

obtained during the last two years.


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* Sick Leave

10. What is required from the worker to do in case he infected with a disease that is not

resulted from injury in the work?

The worker is required to notify employer within ( 24) hours from his disease , and such

notification may be by any available means , and the employer is required in such case to

put the worker under medical examination in order to verify validity of his illness.

11. shall employer is entitled to deprive the worker from his sick leave?

No, he shall not, and in case of his default to the same, he shall be exposed to the penalty .

* Pay during the sick leave

12. What is the maximum period for the sick leave , and is the worker entitled to pay

against the same?

Maximum period for the sick leave in respect of the non- professional is ( 90) days for

every year from years of service of the worker , and his pay is calculated as follows:

- First fifteen days with full pay

- The following thirty days with half pay

- The following period without pay .. article (83).

* Workers who are not entitled to a paid sick leave:

13. Who are the workers not entitled to a paid sick leave?As per the wording of article (83/1) from labor law, worker who are not entitled to a paid

sick leave are as follows :

- Workers who are still under probation period

- Workers who passed successfully the probation period but their period of service

after end of probation period does not exceed three months.

- Workers who are appointed with no probation period system.

14. is the worker entitled for a paid sick leave if his disease resulted from his misbehavior?

If it is evidenced by medical tests conducted on the worker that the disease has been

resulted from his misbehavior, such as taking drugs or alcoholics, he shall not be entitled to

a pay for his sick leave ..article (84).


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* Situations in which employer is entitled to dismiss the worker if he gets sick :

15. What are the situations in which employer is entitled to dismiss the worker if he gets

sick?

Employer is entitled to dismiss the worker in the following cases:

- If he has not passed probation period article ( 37).

- If medical tests proved that his disease has been resulted from his misbehavior,

such as taking drugs or alcoholics.

- If he exhausted his sick leave in full , which is (90) days, and he has not been healed

, and the worker in this case shall receive his benefits as per provisions of the law

article (85).

- If the worker resigned from service due to the disease before the end of the first (

45) days from the sick leave and the governmental doctor , or the doctor whom is

appointed by the employer agreed on the reason of the resignation, in this case , the

employer shall settle the remaining pay from ( 45) daysArticle ( 86).

- If the worker worked during his sick leave with another employer, article (88), in

this case, he shall be deprived from his pay for period of the sick leave.

- If the worker committed one of the contraventions provided for in the article (120).

* Evidencing non physical fitness of the worker to the work

16. What is the procedure required to be adopted in case of a dispute raises between the

employer and the worker concerning physical fitness of the worker to the work?Article 148 provided for the following:

Where a dispute arises as to the extent of a worker's physical fitness for work, his degree if

disability or any other matter related to his injury or treatment, the matter shall be referred to

the ministry of health through the competent labour department. The ministry of health shall,

whenever a dispute of this nature is referred to it, constitute medical board consisting of three

governmental medical officers to determine the extent of worker's physical fitness for

employment, his degree of disability or any other matter related to the injury or treatment."

And the resolution of the board shall be final. (Cassation no. 619 of year 22 Judicial).

* Pilgrimage Leave:

17. What is the pilgrimage leave, and is the worker entitled for a pay for it?

Period of pilgrimage leave is thirty days and for one time during the years of contracting.

The worker is not entitled for a pay for it and this leave is not calculated from worker's

annual leaves article (87) .


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* Dismissal during the pilgrimage leave:

18. Is the employer entitled to dismiss the worker or notify him by dismissal during the

pilgrimage leave ?

Employer is not entitled to dismiss the worker or notifying him by dismissal during his

pilgrimage leave, article (90), unless in the situations provided for by the law.

19. Who shall bear the burden of evidence on the worker's leaves and settlement of his

pay?

Burden of evidence on the worker's leaves and settlement of his pay in full for the period of

his leave which he did not enjoy, shall be on the employer, not on the worker.

"Cassation no. 248 of year 11- judicial".

Documents

Official Leaves Eng