Calculating Annual Paid Leave Due
Paid Leave shall be calculated from the starting day of actual labor service, such as the employment date, in principle, but can be provided in a collective manner during the fiscal year in order to promote convenience in labor management according to the Rules of Employment or the Collective Bargaining Agreement. In this case, the right to request unused Annual Paid Leave allowance occurs on the first day of the year after the current year available to use Annual Paid Leave.
Statutory or contractual holidays (excluded from the calculation of contractual working days)
- Weekly holidays under the Labor Standards Act
- Labor Day under the Act concerning the establishment of Labor Day
- Contractual holidays under the Collective Bargaining Agreement or the Rules of Employment
- Holidays or periods regarded as the equivalent to the above
Day or period suspended for work duty due to special reasons
(excluded from the calculation of contractual working days)
- A period of shutdown due to a cause attributable to the employer
- A period of justifiable strike
- A period of childcare leave due to the Equal Employment Act
- Day or period regarded as the equivalent to the above
Day or period deemed as attendance by the laws or its characteristics
- A period of suspension of work due to industrial accident and a period of maternity leave
- A period of training in the Reserve Forces
- A period of training in the Civil Defense or a period of mobilization
- Days off to exercise civil rights
- Annual and Monthly Paid Leave and Menstruation Leave
- Other days or periods regarded as the equivalent to the above
Providing Annual Paid Leave based on a fiscal year calculation shall not be disadvantageous compared to the standard of employment date (May 23, 2003, Labor standard 68207-620)
The initial day to calculate the period of attendance rate for granting Annual Paid Leave under Article 59 of the LSA shall be designated by the individual employee’s employment date in principle, and can be provided in a collective manner during the fiscal year (Jan 1 ~ Dec 31) by the Collective Bargaining Agreement or the Rules of Employment in order to promote convenience in labor management. In such a case, there must be no disadvantage to an employee who joined during the fiscal year.
In the case of calculating Annual Paid Leave based on the fiscal year without disadvantaging employees who joined during the fiscal year, the employer shall provide Annual Paid Leave in proportion to the service period to employees who served less than one year in the following year. After the following year, the employer can provide Annual Paid Leave according to the fiscal year standard. However, if the employee’s calculation of Annual Paid Leave based upon the fiscal year is shorter than the number of the leave days calculated by the employment date at the time of retirement, then the employer shall compensate for the difference.
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Last Updated on 2021-02-08
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