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HELP leave: rule of prefix and suffix

66

Posts

EW NEWBIE

Latest post on 07 January 2013 - 00:17

can anyone explain the rule of prefix and suffix regarding leave please? Is there one?

Leave is based on calendar days. I am off on Fridays and Saturdays.

I toke leave for 3 days, means from Tuesday 21.08. until Thursday 23.08.. Sunday 19.08. + Monday 20.08. were holidays (Eid). Rejoing date 24.08.. The company has now marked 5 days leave which is not logical for me. Should be only 3 days, right?

Would appreciate a soon clarification. Thanks.

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943

Posts

EW GURU

Latest post on 07 January 2013 - 12:01

I actually think that the 30 calendar days is more generous than the 22 working days. My company gives us 22 working days...that's 4 weeks and 2 days no matter how you spread it out. My husband's company gives him 30 calendar days. Technically, that means that you can get 6 weeks off work if you split your holidays into one week vacations. If you take it all in once then you still get your one month off. the Labour Law says 30 days of leave, 2,5 days per month...without working or calendar...but article 77 says :. "...holidays for which provisions has been made by law or agreement , or any other day of absence from work on account of sickness, shall be reckoned as part of the annual leave if such holidays fall within the annual leave..." Also with regards to this, I don't what it actually means, but the way I read it is "if such holidays fall within the annual leave", thus any holiday declared before or after is not "within" and shouldn't be counted as annual leave.

HereComesTheSun

544

Posts

EW GURU

Latest post on 07 January 2013 - 11:36

It may feel unfair, but because this is based on calendar days, and not working days, it's correct. If your leave was based on working days, they would only deduct 3. Seems illogical, especially if it wasn't explained to you, but there's nothing wrong with what they're doing. Legally, no, but what possible justification can there be for it? It's backward things like this (and workers having tips removed from them) that the authorities need to address if Dubai is to truly move forward. Legally yes. That is what calendar days means. It's not backwards if implemented correctly. Many government companies use calendar days instead of working days but to justify this, they are given 40-45 calendar days of annual leave instead of the standard 30 which actually works out better. Private companies can give 30 calendar days which is 22 working days. When I said 'Legally, no', I was agreeing with you if you read it again. Sadly it isn't implemented correctly by many private companies, with the employees getting shafted from both ends. There isn't any possible logic to it. Your employer doesn't own your weekends, so why should you have to account for them? And 30 calendar days is only 22 working days if weekends are included. Under that logic, someone could take ten lots of Mon-Weds off and miss 30 working days, but the person who causes less disruption to the company by including days that would have been off anyway (i.e., weekends) gets penalised. If that's not backwards, I don't know what is.

1120

Posts

EW OLDHAND

Latest post on 07 January 2013 - 11:28

It may feel unfair, but because this is based on calendar days, and not working days, it's correct. If your leave was based on working days, they would only deduct 3. Seems illogical, especially if it wasn't explained to you, but there's nothing wrong with what they're doing. Legally, no, but what possible justification can there be for it? It's backward things like this (and workers having tips removed from them) that the authorities need to address if Dubai is to truly move forward. Legally yes. That is what calendar days means. It's not backwards if implemented correctly. Many government companies use calendar days instead of working days but to justify this, they are given 40-45 calendar days of annual leave instead of the standard 30 which actually works out better. Private companies can give 30 calendar days which is 22 working days.

HereComesTheSun

544

Posts

EW GURU

Latest post on 07 January 2013 - 11:23

It may feel unfair, but because this is based on calendar days, and not working days, it's correct. If your leave was based on working days, they would only deduct 3. Seems illogical, especially if it wasn't explained to you, but there's nothing wrong with what they're doing. Legally, no, but what possible justification can there be for it? It's backward things like this (and workers having tips removed from them) that the authorities need to address if Dubai is to truly move forward.

1120

Posts

EW OLDHAND

Latest post on 07 January 2013 - 11:12

It may feel unfair, but because this is based on calendar days, and not working days, it's correct. If your leave was based on working days, they would only deduct 3. Seems illogical, especially if it wasn't explained to you, but there's nothing wrong with what they're doing.

HereComesTheSun

544

Posts

EW GURU

Latest post on 07 January 2013 - 11:08

I think it's outrageous that so many companies in Dubai pull stunts like this. It's little wonder that so many employees lack any kind of motivation when they are treated like this.If you wouldn't be working on a Friday or Saturday anyway, what possible reason is there for treating it like a work day? Are we saying that employers now own our free time as well? Not giving back public holidays that have already been booked off is another low blow. Not sure I could work for an organization that had such disregard for its employees.

444

Posts

EW EXPLORER

Latest post on 07 January 2013 - 10:48

the Labour Law says 30 days of leave, 2,5 days per month...without working or calendar...but article 77 says :. "...holidays for which provisions has been made by law or agreement , or any other day of absence from work on account of sickness, shall be reckoned as part of the annual leave if such holidays fall within the annual leave..." Infact my HR counted me on leave even during Eid and fridays/saturdays I'd like to be sure about below, so I can discuss with HR about the wrong calculation. TIA <em>edited by roxan51 on 07/01/2013</em>

101

Posts

EW NEWBIE

Latest post on 07 January 2013 - 10:44

Be careful about holidays surrounding public holidays, many contracts state that, if you have already booked leave prior to a day which is subsequently declared a holiday you will still have the days deducted from your entitlement. edited by lanarkwitch on 07/01/2013 Is that the green labour contract you are talking about? No idea, but I remember reading it in the first contract I had here when I moved to AD, it's prob quite common I imagine

101

Posts

EW NEWBIE

Latest post on 07 January 2013 - 10:31

It sounds wrong to me, but like I said, many companies over here get away with simply doing whatever they want to do, no matter how immoral it may seem. How can your weekend or public holidays possibly be classed as working days? It's insane. This is exactly what I also do not understand. If your leave is regulated in calendar days, it is clear that in case I would take leave for 2 weeks the weekend in the middle is counted as leave days as well. But in case e.g. you take off Tuesday, Wednesday, Thursday with no weekend/public holiday in the middle then this is three days annual leave. You have said yourself that your leave is counted in calender days NOT working days, therefore, 5 days off = 5 days leave on the calender. Be careful about holidays surrounding public holidays, many contracts state that, if you have already booked leave prior to a day which is subsequently declared a holiday you will still have the days deducted from your entitlement. <em>edited by lanarkwitch on 07/01/2013</em>

66

Posts

EW NEWBIE

Latest post on 07 January 2013 - 09:34

It sounds wrong to me, but like I said, many companies over here get away with simply doing whatever they want to do, no matter how immoral it may seem. How can your weekend or public holidays possibly be classed as working days? It's insane. This is exactly what I also do not understand. If your leave is regulated in calendar days, it is clear that in case I would take leave for 2 weeks the weekend in the middle is counted as leave days as well. But in case e.g. you take off Tuesday, Wednesday, Thursday with no weekend/public holiday in the middle then this is three days annual leave.

HereComesTheSun

544

Posts

EW GURU

Latest post on 07 January 2013 - 09:24

It sounds wrong to me, but like I said, many companies over here get away with simply doing whatever they want to do, no matter how immoral it may seem. How can your weekend or public holidays possibly be classed as working days? It's insane.

66

Posts

EW NEWBIE

Latest post on 07 January 2013 - 09:12

That's the rule I was talking about. It's absolutely ridiculous, but obviously isn't the case in the OP's situation. Just ask your HR how they've come up with 5 days and take it from there. the answer from my HR department (which is not really a HR department...) is telling me the story with prefix und suffix, so that I have to take leave also for the weekend/public holiday before or after my leave days!?!?!?!

HereComesTheSun

544

Posts

EW GURU

Latest post on 07 January 2013 - 09:06

That's the rule I was talking about. It's absolutely ridiculous, but obviously isn't the case in the OP's situation. Just ask your HR how they've come up with 5 days and take it from there.

943

Posts

EW GURU

Latest post on 07 January 2013 - 08:52

It should be only three days of leave. As per the law, weekends/public holidays are counted as your annual leave if they fall in the middle of your holiday. So say you take off a Wednesday, Thursday and Sunday - because the weekend fell in the middle, this is classed as five days leave rather than three days. However, if you take off Tuesday, Wednesday, Thursday with no weekend/public holiday in the middle then this is three days annual leave.

HereComesTheSun

544

Posts

EW GURU

Latest post on 07 January 2013 - 08:49

It sounds wrong but I've heard of something similar before whereby certain unscrupulous companies include weekends under certain circumstances (I'm sorry, I can't remember what they are). Sounds like what has happened here. Check your contract as such policies must be outlined in that if they exist.

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