Labor Lawspace Vacation Pay


An employee is entitled to vacation by law as follows:
(1) for each of the first 4 years - 14 days;

(2) for the fifth year - 16 days;

(3) for the sixth year - 18 days;

(4) for the seventh year - 21 days;

(5) for the eighth year onwards - an extra day each year up until a maximum of 28 days.
The above is the legally mandated minimum and the parties can agree that the employee will be entitled to additional vacation days. The above vacation days relate to a 7 day week so an employee who works 5 days a week will initially be entitled to 10 days of vacation.
The Employer is the one that determines the dates of the vacation but must do so in coordination with the employee while considering the needs.

The statute of limitations for filing a claim for vacation pay is 3 years. The burden of proof to prove that a worker took vacation is on the employer. The employer is supposed to keep a separate registration of every employee`s vacation days. If the vacation days are registered in the employee`s pay slip that is generally sufficient

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