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Tuesday , October 27 2020

Min. 9 mnts of service to apply for 30 days annual leave

I joined private company on October-2018 and I left the company on September 2019 (11 months). My visa transferred to this company on March 2019. When I requested them leave salary they are telling me that I worked from March to September (6 months) so no eligibility for leave salary. Am I eligible for leave salary as per labour law. If I am eligible how will the leave salary calculated?

Name withheld

Answer: Under the law, you are required to put in a minimum of nine months of service before you can apply for 30 days of leave with pay.
If the company is calculating your leave days based on the date that your visa was transferred then they would be right in denying you leave pay because under this scenario you had not put in the minimum nine months of service.
On the other hand if you can prove though documentary evidence that you officially tried the company in October 2018 with the signing of a work contact in that month, then you would have put in eleven months of service and hence entitled to 30 days leave pay under this scenario you have to lead evidence to show that the delay in the visa transfer could be tranced to the company and not you.

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