The worker is entitled to thirty days of annual paid vacation under Labor Law in the Local Sector No. 6 for the year of 2010. It shall not count official holidays and sick leave within the annual vacation. Before taking annual vacation, the Employer shall pay the due wage to the worker for the annual vacation.
Pursuant to Article 72 of the Labor Law, the Employer has the right to determine the date of the annual vacation, and it may divide it by the worker’s consent after the first fourteen days.
It also granted the worker the right to accumulate annual vacations for not exceeding two years with the consent of both the Employer and the worker as well. Article 73 of the same law stated that the worker has the right to receive cash compensation for his combined annual vacation days in case of termination of his contract.
Powers of Employer to determine the dates of annual vacation for the Worker
According to the explanatory memorandum to Kuwaiti Labor Law No. 6 of 2010, the employer has the right to determine the date of the worker’s annual vacation, and the worker has the right to accumulate his vacation with no more than sixty days’ vacation after the employer’s approval and then take it all at once. For more than two years in response to practical needs, and the worker’s right to receive cash compensation for his combined vacations for the full years of service, if the contract is terminated for any reason.
Does the Worker have the right to get a cash compensation for the vacation exceeding sixty days?
The provision of Article 73 of the Labor Law in the Local Sector No. 6 of 2010 is devoid of anything that deprives the worker of cash compensation for his vacation or forfeits his right to it for more than sixty days. The Kuwaiti Court of Cassation decided in its judgement No. 141 for the year of 2015 dated 27/10/2015 – Labor Circuit – that there is nothing in the provision of Article 73 of the Labor Law that deprives the worker of cash compensation for his vacations for his entire years of service at the end of his work contract without notifying or forfeiting his right to cash compensation for more than sixty days. The worker cannot terminate the work contract in kind.
If the contested judgement had adhered to this consideration and the appellee had been awarded a cash consideration for the entire period of his 73-day annual vacation, he would have agreed – the law is true, and the obituary against him for this reason is unfounded.
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