Remarks: However, §30(3) of the Labour Code provides for matters relating to the working regime to be determined by the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) of the Islamic Republic of Afghanistan, but no relevant determinations identified. See also §36, which refers to a usual working day of 8 hours.
General limit
The ordinary working period, on average, during the course of the year, can not be more than 40 hours per week.
Labour Code 2007 §30(2)
Remarks: Annual level (balance) of working period, general measure to utlisation of working time, commencement and ending of the working period of the workers, shift schedule, chart and other problems relate to the working regime will be determined by the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD) of the Islamic Republic of Afghanistan (§30(3)). No relevant determinations identified.
Duration
The general entitlement is to 20 days recreational leave.
Labour Code 2007 §46(1)
General
Employees are entitled to 20 days of paid recreational leave per year.
Labour Code 2007 §46(1)
Exceptions
Professors and teachers who benefit from public holidays of the educational and scholastic establishments are not entitled to recreational leave.
The employees or personnel who are entitled to more than 20 days of recreational leave are as follows: 1) Employees below 18 years of age - 25 days; 2) Employees engaged in underground works or injurious works - 30 days.
Seasonal employees whose service contract periods are not less than 3 months may be entitled to recreational leave equivalent to the period of their service.
Labour Code 2007 §§46(2), 47, 49(2)
Payment
Payment of wages and other allowances is to be made in advance.
Labour Code 2007 §50(1)
Amount
The employee is to be paid his wages and other allowances.
Labour Code 2007 §50
Date of payment
The allowances and wages of the recreational leave are to be paid in advance of the recreational leave period. Accumulated but untaken recreational leave is to be paid out on the employee’s separation from the relevant organisation.
Labour Code 2007 §50
Algeria - Working time - 2011
LAST UPDATE
04 April 2011.
Remarks: Article 3 of the labour act states that the following activities are excluded from its scope, and therefore shall be regulated by specific legislations: civil and military, judges, agents and servers of public institutions and public administration, wilayas and commune, as well as staff from public establishments having of administrative character. Other categories excluded from the scope of the labour act are: Article 4 states that taking into account the current legislation and notwithstanding the provisions of the act, whenever needed, the following categories of workers may be regulated by a specific legislation: companies' CEOs, staff of maritime and flight transportation, staff of fishing and commerce boats, homeworkers, journalists, artists and actors, high performance athletes and home staff.
General limit
Daily working period cannot in any case exceed 12 hours.
Labour Relations Act §26
General limit
The normal weekly working hours shall be of 40 hours per week in normal conditions of work.
Labour Relations Act §22
Duration
General
The paid annual leave shall be calculated on the basis of 2 and 1/2 days per month of work. The total duration of the leave cannot, however, exceed 30 calendar days per year.
Labour Relations Act §41
Historical data (year indicates year of data collection)
2009: 2 1/2 days per month to an annual maximum of 30 calendar days.
2007: 2 1/2 days per month to an annual maximum of 30 calendar days
1995: Up to 30 calendar days; 10 additional days in the southern regions.
Exceptions
Workers in the southern provinces (""wilayas"") of Algeria are entitled to additional leave of at least 10 days.
Workers engaged in particularly arduous or dangerous work can be entitled to a longer leave period determined by collective agreements.
Labour Relations Act §42, 45
Payment
Amount
The compensation paid for the annual leave shall be equal to 1/12 of the total remuneration perceived by the worker during the reference year of the leave or the preceeding year of the leave.
Labour Relations Act §52
Angola - Working time - 2011
LAST UPDATE
16 March 2011.
Remarks: Article 2 of the Labour Act excludes from its scope the following activities: public servants, or workers performing their professional activity in the Central Public Administration, or in a public institution or in any other State body; every worker with a permanent link serving diplomatic or consular representations of other countries or international organisations; cooperative associates or non-governmental organisations, being those regulated by specific statutes, or in the lack of such, being regulated by the commercial act; family work; casual work; the activity of those interveneing in comercial operations, if they are personally obliged to answer for the result of such operations, having assumed the respective risk; consultants and members of organs of the administration or direction of social organisations or companies, since their activity is inherently linked to those positions and without any subordination link through an employment contract.
General limit
Except the cases forseen by specific legislation, the normal daily period of work is of 8 hours per day.
General Labour Act §96(1)b)
General limit
Except the cases forseen by specific legislation, the normal weekly period of work is of 44 hours per week.
General Labour Act §96(1)a)
Duration
General
The period of annual leave for workers is of 22 days per year, not including weekends, complementary weekly rest days and holidays in this calculation.
General Labour Act §137(1)
Historical data (year indicates year of data collection)
2009: 22 days per year.
2007: 22 days per year.
1995: 10 days.
Payment
Amount
The remuneration of the worker during the annual leave must be equal to his/her salaray plus any other benefits or bonus he/she accumulated during his/her period of work.
Besides that, to the remuneration due as salary to the worker during annual leave, he/she shall also be granted 50% of the wage basis as leave bonus.
Total: 150% salary.
General Labour Act §146 (1)(2); 165(1)a)
Antigua and Barbuda - Working time - 2011
General limit
The standard work day shall not be more than 8 hours.
Labour Code of Antigua and Bermuda C24 (2)
General limit
The standard work week shall not be more than 48 hours.
The Civil Servants are entitled to work not more than 36 hours per week.
Labour Code of Antigua and Bermuda C24 (2) The Civil Service Regulations, 1993 §37
Duration
General
The length of the annual leave for a worker who has successfully passed his probationary period is at least one day per month of employment. 12 days per year of work performed.
Labour Code of Antigua and Bermuda C 18(1)
Payment
Amount
Each employee who has successfully passed his probationary period is entitled to vacation leave without loss of at least the basic wage including the cash equivalent of payments in kind he would have received if he had not taken the leave.
Labour Code of Antigua and Bermuda C 18(1)
Argentina - Working time - 2011
LAST UPDATE
6 September 2011
Remarks: The database InfoLeg of the MECON (Minterio de Economía y Finanzas Públicas) is a good source of legislation in Argentina. http://infoleg.mecon.gov.ar/default1.htm
General limit
The hours of work shall not exceed 8 hours per day.
Law No. 11.544 on Working Time Art.1
General limit
The hours of work shall not exceed 48 hours per week.
Law No. 11.544 on Working Time Art.1
Duration
General
Every worker is entitled to enjoy an annual leave with a duration in between 14 to 35 days depending on the seniority of the worker.
Act No. 20.744 on Employment Contracts Art.150
Historical data (year indicates year of data collection)
2009: 14 consecutive days
2007: 14 consecutive days
1995: 14 consecutive days.
Payment
Amount
A worker shall receive the regular remuneration during his leave, it shall be fixed as follows:
a) Where the work is remunerated on a monthly basis, the amount of the salary received when the leave is granted shall be divided by 25;
b) where the remuneration is fixed at a daily or hourly rate the worker shall receive for each day of his leave the amount that he would have received on the day prior to the date on which his leave begins; for this purpose, the remuneration payable by law, agreement or contract shall if it is higher be taken as the basis for the calculation. Where the normal working day is longer than 8 hours, the actual working day shall be taken as the basis, in so far as it does not exceed 9 hours. Where the day on which the calculations are based is shorter for any reason than the workers’ normal day, the remuneration shall be calculated as though that day correspond to the statutory working hours.
c) In the case of piece rates, individual or group commission payments, percentages or other variable forms of remuneration, the leave remuneration shall be fixed in accordance with the average remuneration received during the year corresponding to the grant of the leave or, if the worker so chooses, during his last six months of service.
Act No. 20.744 on Employment Contracts Art.155
Date of payment
Leave remuneration shall be paid at the start of the leave period.
Act No. 20.744 on Employment Contracts Art.155
Armenia - Working time - 2011
LAST UPDATE
29 August 2011
General limit
A daily period of work must not exceed 8 working hours, except for the cases stated by law, other normative legal acts and the collective contract.
Labour Code Art.139.2
General limit
Working time duration may not exceed 40 hours per week.
Labour Code Art.139
Duration
General
Generally, the duration of annual leave shall be 28 days.
Extended annual leave up to 35 calendar days shall be granted to certain categories of employees whose wok involves great nervous, emotional and intellectual strain and professional risk.
In addition, an extra annual leave may be granted to the employees working in dangerous and harmful conditions, for employees with unregulated schedules, and for employees doing work of special nature.
Labour Code Art.159,160,161
Payment
Amount
The employer pays the average wage to the employee for annual leave, which is calculated by multiplying the average daily wage of the employee with the number of days of the leave being provided.
Labour Code Art.169
Date of payment
The pay for annual leave shall be paid at least three calendar days before the commencement of annual leave. Where the pay due to the employee is not paid at the defined period not through the fault of the employee, annual leave shall be extended by as many days the pay was delayed, and the pay for the extended period shall be the same as the pay for annual leave.
Labour Code Art.169.2
Australia - Working time - 2011
LAST UPDATE
7 March 2011
General limit
An employer must not request or require an employee to work more than the following number of hours in a week unless the additional hours are reasonable: (a) for a full-time employee - 38 hours; or (b) for an employee who is not a full-time employee - the lesser of 38 hours and the employee’s ordinary hours of work in a week.
Fair Work Act 2009 § 62
Remarks: Section 62(3) of the Fair Work Act 2009 prescribes a number of factors to be taken into account for the purposes of determining whether additional hours are reasonable. These factors include the worker's health and safety and personal circumstances, the nature of the role / workplace / industry, overtime entitlements, the amount of notice given by the employer of the request or by the employee of the refusal and any other relevant matter.
Duration
For each year of service with his or her employer, an employee is entitled to 4 weeks of paid annual leave, unless the employee is a shiftworker, in which case he or she is entitled to 5 weeks of paid annual leave.
Fair Work Act 2009 §87
Exceptions
Annual leave entitlements may be cashed out in accordance with the terms of an applicable modern award or enterprise agreement where agreement is reached between the employer and employee and the employee will have at least 4 weeks’ annual leave entitlement remaining.
Fair Work Act 2009 §§92, 93, 94
Payment
Payment is to be made at the employee’s ordinary rate of pay.
Amount
The employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the period.
Fair Work Act 2009 §90
Date of payment
The Fair Work Act 2009 does not make provision for the date of payment of annual leave entitlements.
Fair Work Act 2009
Austria - Working time - 2011
LAST UPDATE
29 November 2011.
General limit
The normal daily working time may not exceed eight hours, the normal weekly working time may not exceed forty hours, unless otherwise provided below.
Working Time Act §3(1)
General limit
The normal daily working time may not exceed eight hours, the normal weekly working time may not exceed forty hours, unless otherwise provided below.
Working Time Act §3(1)
Duration
General
The employee shall be paid for annual leave. If the employee has less than 25 years of service, s/he shall be given 30 days of annual leave. If the employee has 25 years of more, s/he shall be given 36 days of annual leave.
Annual Leave Act §2(1)
Historical data (year indicates year of data collection)
2009: 30 days (employment of less than 25 years)
36 days (employment of 25 years or more)
2007: 30 days (employment of less than 25 years)
36 days (employment of 25 years or more)
1995: 30 working days.
Payment
Amount
During leave the employee retains the right to remuneration according to the following: After weeks, months or longer periods, the remuneration for the holiday may not be reduced. In every other case, a regular wage for holiday shall be paid. Regular wage is that the employee would receive, if s/he would be working. Collective agreements may regulate the benefits to which the worker is entitled to, as well as the methods of calculation of the holiday remuneration, notwithstanding paragraphs 3 and 4 above.
Annual Leave Act §6(1)(2)(3)(5)
Date of payment
The payment for the total duration of the annual leave shall be made before the beggining of the leave.
Annual Leave Act §6(6)
Bahamas - Working time - 2011
LAST UPDATE
6 October 2011
General limit
No employer shall cause or permit any employee to work in excess of eight hours in any day.
Employment Act §8(1)
General limit
No employer shall cause or permit any employee to work in excess of forty hours in any week.
Employment Act §8(1)
Duration
General
Every employer shall give a vacation of at least two weeks to each employee upon the completion of each twelve months of employment.
The vacation shall be extended by one day for every public holiday that occurs during the vacation.
Employment Act §12(1)(2)
Historical data (year indicates year of data collection)
2009: At least two weeks.
1995: 1 week.
Payment
Amount
The annual leave is paid as follows; one week’s basic salary for employees having been employed for six months. Two weeks’ basic salary for employees having been employed for one year or more. Three weeks’ basic salary for employees having been employed for seven years or more.
Employment Act §13(2)(a)-(c)
Date of payment
The employer shall at least one day before the beginning of the vacation, or such earlier time as may be prescribed, pay to the employee the vacation pay to which he is entitled in respect of that vacation
Employment Act §14
Bahrain - Working time - 2011
LAST UPDATE
16 May 2011
General limit
Hours of work for each worker shall not exceed eight hours per day.
The Labour Law for the Private Sector Art.78
General limit
Hours of work for each worker shall not exceed forty-eight hours per week.
The Labour Law for the Private Sector Art.78
Duration
General
Every worker is entitled to not less than 21 days of annual leave for each year of work. After 5 years of work, the worker is entitled to increase such number of days to at least 28 days.
The Labour Law for the Private Sector Art.84
Exceptions
A Muslim worker may get a 2 week paid vacation to perform the pilgrimage once during the period of his service provided that his service with the employer shall not be less than 5 continuous years.
The Labour Law for the Private Sector Art.88
Payment
Amount
Annual leave is paid as 100% of the normal salary.
A worker shall be entitled to receive a cash consideration equivalent to his wages for the days of annual leave due to him after two-year period if he terminates the contract of employment before having taken all his annual leave and such payment shall be for the period which he has not taken as due leave.
The Labour Law for the Private Sector Art.84, art.86
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