Worldwide: Spotlight On Employee Leave Entitlements In EMEA

Christian Glagla, Head of Client HR Services and Angela Bartl, MD - Strategy and Business Development both from TMF Group Germany, examine the different ways employee leave is applied in countries across Europe and the Middle East.

Managing multi-country payroll can be made more complex by specific employee leave entitlements that must be adhered to. In some European nations public holidays must be paid, and can range from 14 days in Malta to 12 in Russia and just two in Norway. Germany has certain official paid public holidays, and different German states then have their own set paid holidays, so company payroll functions must account for regional variations within the country. In the Netherlands, public holidays that fall on a weekend are not transferred to the next working day.

Keeping on top of the different government-sanctioned days can be difficult, but how else can employee leave entitlements differ across EMEA?

Norway

Norwegian employees are not entitled to holiday pay during the first year of their employment, but they are still entitled to leave. However if they have worked with another employer prior to their current job, they will receive holiday pay from the previous employer. The holiday pay (called "feriepenger") is based on the income of the previous year and can include extra work-related remuneration such as bonuses. Technically, this is supposed to be paid at the time the leave is taken, but to ease the administrative burden on payroll, most companies will process it in June and replace the salary for that month with the holiday pay.

Employers contribute between 10.2% and 12% of the employee's monthly salary to holiday pay, and the standard leave duration is five weeks with a minimum duration of 21 days. However, where an employee is over 60 years of age the entitlement may be extended for one additional week.

France

French citizens are entitled to 30 days of annual leave, but employees who wish to work for more than 35 hours a week receive up to 22 days extra, which is called the RTT (Reduction du Temps). As a result, companies have to closely track any extra hours logged by employees and factor them into their payroll processing. Any further hours after the RTT period are usually compensated with remuneration. Employees in France that take a portion of their holiday outside of the traditional summer leave period of August can also be entitled to bonus leave days.

Russia

If an employee in Russia is completing distance education through a qualified university for a bachelor or master's degree, they are entitled to additional paid study leave during exam sittings. The employer is obliged to provide paid leave of up to 30 days per academic year in the first and second year, and up to 50 days in further years. Paid leave for final state attestation with a duration of up to four months is stipulated by labour legislation. Alongside this, the studying employee is entitled to at least 28 days' annual leave.

Germany

In Germany, an employee with a five-day working week (full time, average working hours per week: 40 hours) is entitled to 20 days annual leave in addition to the aforementioned public holidays that may vary from state to state. 12 working days off in a row should in general be granted for best recreational effect, and where an employee falls ill whilst on annual leave, a doctor's certificate will mitigate the loss of vacation days.

Employers are not permitted to reduce the mandatory number of annual leave days, except in a case of pro rata reduction and under certain conditions where the employee is engaged on a part time basis. Any adjustment for the benefit of the employee is allowed, and in many companies routine, or agreed in certain public contracts ("Tarifverträge"). A termination of employment in the first half of a year (until the end of June) will result in a pro-rata calculation of annual leave. Most German states (except for Bavaria and Saxony) also offer employees the possibility to apply for educational leave however the procedure and duration of that leave may vary.

United Arab Emirates

Companies with staff in the United Arab Emirates must provide them with at least 30 annual leave days after more than one year of service. If the employee leaves the business before the 12 month mark, they are entitled to two days' leave for every month. In the private sector though, no leave is accrued during the first six months of employment.

The leave entitlement in the public sector is also 30 days, while civil servants must receive a minimum of 22 annual leave days. The UAE Labour Law allows Muslim employees in the private sector unpaid leave amounting to 30 days which can be taken once during their period of employment. This is to be used to perform the Hajj (the annual Islamic pilgrimage to Mecca). Hajj leave amounts to 15 days for public sector employees; it is fully paid, and can be taken on two occasions during their career, as long as the period between the two instances is at least 10 years.

National holidays are not counted as part of annual leave in the UAE, and the length of these holidays is determined by the Ministry of Labour. Public holidays that fall on a weekend are not made up for during the working week, and staff that are required to work on these days generally receive a lieu day or overtime payment.

Partner with the local experts

A third party HR and Payroll provider such as TMF Group has payroll experts in more than 80 countries who understand the rules surrounding local leave allowances. They can calculate your employee entitlements and make sure they're processed correctly, leaving you to focus on doing business.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.