# Paid annual leave - employment



## dathrilla (Jun 13, 2012)

Dear Expats,

My firm is unwilling to give me paid annual leave during my first year of employment due to a weirdly worded clause in my offer letter. According to them, I can only have a paid vacation after an entire year of employment with them.

This is very strange as UAE employment law clearly provides at least 30 days of paid annual leave p.a.

Your comments will be greatly appreciated.


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## md000 (Dec 16, 2008)

Our firm requires you work a year before we give an employee vacation.

-md000/Mike


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## dizzyizzy (Mar 30, 2008)

Many companies expect employees to work for one full year before they can apply for leave so looks like yours is one of them!


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## Canuck_Sens (Nov 16, 2010)

You gotta read thoroughly your employment contract not the offer letter, but I find strange that they used the wording of your offer letter.

In my case I could go on vacation in the same year without any issues.


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## dathrilla (Jun 13, 2012)

md000 said:


> Our firm requires you work a year before we give an employee vacation.
> 
> -md000/Mike


Does this mean you get your 30 days transferred to the second year, therefore entitling you to 60 days?

This is what the relevant article states: 

ARTICLE (75)
The employee must be granted an annual leave during each year of service which 
may not be less than: 

(a) Two days per month in respect of any employee with more than six months 
and less than one year of service. 

(b) Thirty days per annum in respect of any employee whose period of service 
exceeds one year. 

In the event of termination of an employee's service he shall be entitled to an 
annual leave for the fractions of the last year of service.


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## saraswat (Apr 28, 2012)

Given the labor law article you posted, isn't the company within its rights ?. How could an employer give you 30 days of paid annual leave in the first year of employment when it becomes an entitlement upon completion of one year of employment, per the labor law. A bit of a cart coming before the horse scenario don't you think?.

You have a case to take some paid leave, at most 12 days (2 days per, 6 months). Some companies also limit the maximum number of days you can accrue towards paid leave, if you don't take the leave you loose it. So say you wait for two years before taking your annual leave, 60 days should accrue, but the company is within its rights per the law to give you only 45 days, if they enact that policy then you loose 15 days.


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## rsinner (Feb 3, 2009)

our company accrues leaves on a monthly basis (so 2.5 days after every month), and after the probation period once can take leaves (actually even during the probation period as well).
I guess it is a company policy in your case. Maybe try having an amicable discussion on this?


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## md000 (Dec 16, 2008)

Our policy (which I wrote):

Year 0: Start - up to 31 Dec.: No paid leave
Year 1: 1 Jan - 31 Dec: Accrued amount of leave from the previous year (use it or lose it, unless vacation is denied, then pay out)
Year 2: 1 Jan - 31 Dec: Full year accrual (use it or lose it, unless vacation is denied, then pay out)

If a staff member quits or is fired, they are paid out the accrual immediately (minus expenses)

In America (same company)

0 days unless contract calls for it
if contract calls for it (very few): max 10 paid days + no carryover to following year

-md000/Mike


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## dathrilla (Jun 13, 2012)

saraswat said:


> Given the labor law article you posted, isn't the company within its rights ?. How could an employer give you 30 days of paid annual leave in the first year of employment when it becomes an entitlement upon completion of one year of employment, per the labor law. A bit of a cart coming before the horse scenario don't you think?.
> 
> You have a case to take some paid leave, at most 12 days (2 days per, 6 months). Some companies also limit the maximum number of days you can accrue towards paid leave, if you don't take the leave you loose it. So say you wait for two years before taking your annual leave, 60 days should accrue, but the company is within its rights per the law to give you only 45 days, if they enact that policy then you loose 15 days.


Yes, that is the answer I was looking for. 2 days every month from the 6th until the 12th month of employment.

It is not easy when a lawyer debates the HR of a law firm


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## dathrilla (Jun 13, 2012)

rsinner said:


> our company accrues leaves on a monthly basis (so 2.5 days after every month), and after the probation period once can take leaves (actually even during the probation period as well).
> I guess it is a company policy in your case. Maybe try having an amicable discussion on this?


Thank you for your input.


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## dathrilla (Jun 13, 2012)

md000 said:


> Our policy (which I wrote):
> 
> Year 0: Start - up to 31 Dec.: No paid leave
> Year 1: 1 Jan - 31 Dec: Accrued amount of leave from the previous year (use it or lose it, unless vacation is denied, then pay out)
> ...



Thank you for the follow-up, Mike.


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## vantage (May 10, 2012)

md000 said:


> Our policy (which I wrote):
> 
> Year 0: Start - up to 31 Dec.: No paid leave
> Year 1: 1 Jan - 31 Dec: Accrued amount of leave from the previous year (use it or lose it, unless vacation is denied, then pay out)
> ...


sounds about right. US companies have a REALLY bad name in Europe for paid leave. 10 days? utter pish!


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## md000 (Dec 16, 2008)

vantage said:


> sounds about right. US companies have a REALLY bad name in Europe for paid leave. 10 days? utter pish!



No, we do 0 days, unless you are in senior(ish) management - or the contract that we have with the clients states it.

We don't pay holidays, sick days, bereavement or any other benefits either. I know it sucks, but we have to compete for client work.

-md000/Mike


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## jamesbk (Oct 24, 2012)

Just a quick - and perhaps silly - question: does the 30 days paid leave entitle the employee to take 30 business days off work (i.e. 6 weeks) or does the 30 days include weekends?


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## themash (Jun 15, 2011)

Depends how many days you are contracted to work. I would say it does not include weekends but if you are contracted to 48hours over 6 days (which would include Saturday's) but they don't make you work a Saturday then good chance it's only 5 weeks holiday! If contracted Sunday - Friday then I would say its 6 weeks, depends on your contract?


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## bongoman2 (Apr 18, 2013)

md000 said:


> No, we do 0 days, unless you are in senior(ish) management - or the contract that we have with the clients states it.
> 
> We don't pay holidays, sick days, bereavement or any other benefits either. I know it sucks, but we have to compete for client work.
> 
> -md000/Mike


Do you mind telling which industry this is for?

Its just that I want to make sure that neither of my kids ever decides to go into this particular field. The clients must be wonderful too.

Is this common in the US? 10 days being generous wow.
No wonder they are all crazy


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## bongoman2 (Apr 18, 2013)

bongoman2 said:


> Is this common in the US? 10 days being generous wow.
> No wonder they are all crazy


Apologies if I offended any Americans. but seriously no leave, no benefits.

Amurica, yeahhhhhhh


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## TallyHo (Aug 21, 2011)

When I worked in the US I received three weeks (15) days, three personal days and all the standard US holidays.

Leave benefits vary greatly as there's no federally mandated laws for how many days a company has to offer to its employees. But most jobs do come with some kind of leave allowance. Two weeks seems to be the norm for low level positions, and you accrue additional leave days the longer you've been at the company so senior people who've been around for a while can eventually reach 20 days/year.

This would apply to professional organisations. I have no idea how it works for the McDonalds.



bongoman2 said:


> Apologies if I offended any Americans. but seriously no leave, no benefits.
> 
> Amurica, yeahhhhhhh


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## fcjb1970 (Apr 30, 2010)

jamesbk said:


> Just a quick - and perhaps silly - question: does the 30 days paid leave entitle the employee to take 30 business days off work (i.e. 6 weeks) or does the 30 days include weekends?


Not silly, everything is different here. The standard approach seems to be that if your holiday spans a weekend those weekend days are counted as part of your holiday days

So take off Monday-Friday and it counts as five days, but take off two weeks and it counts as 12 days. It is how many continuous days, does not matter if it is a business day or not.

As with all things, it is really up to the company, but this approach seems to be the most common (at least with local companies)


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## bongoman2 (Apr 18, 2013)

fcjb1970 said:


> Not silly, everything is different here. The standard approach seems to be that if your holiday spans a weekend those weekend days are counted as part of your holiday days
> 
> So take off Monday-Friday and it counts as five days, but take off two weeks and it counts as 12 days. It is how many continuous days, does not matter if it is a business day or not.
> 
> As with all things, it is really up to the company, but this approach seems to be the most common (at least with local companies)


I can recall that is what some local companies do (and other not) although it does seem like a silly rule.

I can only find a vague reference in the UAE Labour law
ARTICLE (77)* The annual leave period is deemed to include such holidays as prescribed by law or as agreed to, and any other periods of sickness, occurred during this leave and is considered as part thereof.


Does the weekend count as a "prescribed in law holiday'


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## saraswat (Apr 28, 2012)

Like fcjb1970 said it usually does count, but also depends on the employer ... for technicalities sake anyone wondering why ... the article mentioned above does also say 'or as agreed to', which in realistic terms is a loophole big enough to drive a truck through .....


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## kiran4568 (Sep 10, 2008)

md100, . . . . wow the US side of your company is harsh ! Mind you I heard holidays are a pain in the US in general just work work work . . . , UAE seems better when put in the light of your scenario.

My company I worked for (when I was in UAE between Jan 2009 to Feb 2012) were strict on anyone wishing to take unpaid leave but normal annual paid leaves were as per UAE labour law and in retrospect, fairly reasonable. 

Also any special circumstance requests had to be approved by line manager, i.e. in my first year, I had 1 day off in March + 2days in May for a family visit and also went back home to UK for 2 weeks in July to propose to my wife to be etc . . all of these were allowed by personal agreement with my boss (who was a bit of an **** by trying to make it a big deal) but it all worked in the end with those leaves taken being deducted from my days that I was accruing.

It depends on each individual company but as a general rule, I dont believe there is the common sense / casual approach to annual leave in the UAE (even large proffessional international firms) as exists in the UK which is my only other place that i have worked in which I can compare to.

Certainly from what i have seen and heard from numerous others, gulf line managers / bosses etc do enjoy excercising their ego and authority when an employee asks for annual leave in circumstances that are outside of any formal agreement . . . generally in these situations it becomes so much more about the contract rather than the fact that you have completed all your tasks and taken care of everything that needed to be done to facilitate your need - which often in these types of cases are sometimes unforseen.


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## Rahtqum Ramo (Aug 5, 2014)

*AWOL deduction from annual leave*

Dear all,

I have a small clarification & i cant get a good answer. 

I have taken a few too many absents from work and my company has deduction pay for all of them. However when i approached them for annual leave (30 days) they replied that i have already taken my leaves and no annual leave can be provided. 

I understand deduction of pay for absence but why double disciplinary action i.e deduction of pay + annual leave deduction? Is this within the law? 

One more question, I understand that the employer can terminate an employee if he fails to come to work for 7 days continuous or 20 intermittent days in a year. But can the employer file a case (not absconding) against the employee for the above conditions?


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