Annual Leave Research Articles

The Purpose of Annual Leave and Its Relevance for Legislation and Interpreting the Law

The Purpose of Annual Leave and Its Relevance for Legislation and Interpreting the Law

The hidden costs of the intercollegiate membership of the Royal College of surgeons examinations: Can trainees afford it?

BackgroundThe Intercollegiate Membership of the Royal College of Surgeons (MRCS) examination is a mandatory requirement for higher specialty surgical training in the UK. However, there is a significant economic impact on trainees which raises the question of whether the costs of this exam hinder surgical career progression. This study explores the burden of these exams on trainees. MethodsA 37-point questionnaire was distributed to all trainees who were preparing for or have sat MRCS examinations. Univariate analyses included the cost of the preparatory resources, extra hours worked to pay for these and the examinations, and the number of annual leave (AL) days taken to prepare. Pearson correlation coefficients were used to identify possible correlation between monetary expenditure and success rate. ResultsOn average, trainees (n ​= ​145) spent £332.54, worked 31.2 ​h in addition to their rostered hours, and used 5.8 AL days to prepare for MRCS Part A. For MRCS Part B/ENT, trainees spent on average £682.92, worked 41.7 extra hours, and used 5 AL days. Overall, the average trainee spent 5–9% of their salary and one-fifth of their AL allowance to prepare for the exams. There was a positive correlation between number of attempts and monetary expenditure on Part A preparation (r(109)=0.536, p ​< ​0.001). ConclusionsThere is a considerable financial and social toll of the MRCS examination on trainees. Reducing this is crucial to tackle workforce challenges that include trainee retention and burnout. Further studies exploring study habits can help reform study budget policies to ease this pressure on trainees.

THE IMPORTANCE-PERFORMANCE ANALYSIS OF COMPENSATION PROGRAMS AT FREEPORT INDONESIA MIMIKA

This study aims to analyze the importance and performance of compensation programs received by the employees of PT Freeport Indonesia, Mimika. This research uses quantitative approach with 100 employees of PT Freeport Indonesia, Mimika as respondents. There 9 total criteria in this research, which is: Salary, Overtime Pay, Incentive, Transportation, Meal Allowance, Annual Leave, Religious Holiday, Health Insurance, and Pension. The result of this research shows that Salary, Pension, and Annual Leave are in Quadrant I; Transportation, Religious Holiday, and Health Insurance are in Quadrant II; Meal Allowance and Overtime Pay in Quadrant III; following by Incentive in Quadrant IV. So, related with the findings in this research, there are some recommendations for PT Freeport Indonesia. Keywords: compensation, importance-performance analysis

(Correct) Calculation of Payment During Annual Leave and Allowance in Lieu of Leave not Taken in the Public and Private Sectors and the Impact of the Case-law of the Court of Justice on the Decision-making of the Slovenian Courts

The example of the case-law evolution of the Court of Justice (CJEU), concerning the correct interpretation of the requirement of “normal remuneration” to be received on basis of Article 7(1) of Directive 2003/88/EC during the period of annual leave and the corresponding allowance in lieu, the challenges of Slovenian courts, confronted with a rather static domestic and EU labour legislation, will be presented. Annual leave is a fundamental right of every worker in the EU, be it in private or public sectors, so its regulation on both legislative levels should be enacted with great precaution. It will be further presented that due to the implicit supranational and autonomous nature of the EU law it is nigh to impossible for the national legislators to regulate all aspects of this fundamental right as both levels of legislation “do not speak the same (normative) language”, especially with the CJEU as a constant interpretative “interloper”. In absence of uniform EU labour law interpretative alignment can only be asserted by the continuous efforts of the national judiciary.

Annual Leave Requests

Annual Leave Requests

Aspects Regarding Annual Leave and Weekly Rest-Basic Rights of Employees in Romania

This material proposes the description of some general aspects regarding the employees' right to vacation, but also regarding their weekly rest as the main forms of rest and aimed at restoring physical and intellectual strength. Employers have legal obligations in granting them and in case of non-compliance, the sanctioning force of the state intervenes through the control actions of the Labor Inspectorate. Data on the number of checks and sanctions applied are reproduced in the pages of this work in order to highlight the degree of compliance with labor legislation by employers.

Problems With the Procedure for Granting Annual Leave and Suggestions for Their Solution

The article examines and analyzes the procedure for granting annual leave to employees, problematic aspects of the application of legislation in this area, and also proposes proposals for their elimination based on the experience of foreign countries.

ANALISIS SISTEM PENATAAN DAN TEMU BALIK ARSIP INAKTIF DI DINAS PANGAN, TANAMAN PANGAN DAN HORTIKULTURA PROVINSI RIAU

This study aims to determine how the system of structuring and retrieval of inactive archives in the Department of Food, Crops and Horticulture Riau Province. The method used in this study is descriptive data analysis method. The data analysis techniques carried out by researchers are data reduction, data presentation and conclusion drawing. Meanwhile, archive retrieval refers to the calculation of recall-precision. The research population is all staff of the General and Civil Service Sub-Division who opened 25 people and inactive archives in 2015 which opened 327 archives. The research sample is 1 honorary staff of the general and civil service sub-section and 2 supervisory archivists and young expert archivists, researchers took 3 informants who were directly related to the arrangement of inactive archives. The archive sample used for archive retrieval is by using 8 keywords with archive classification codes, namely 005 (Invitation), 048 (Data Management), 822 (Regular Salary Increase), 823 (Raise), 842 (Funds), 851 ( Annual Leave), 855 (Leave for Hajj/Umrah), 862 (Penalty). The results showed that the inactive archive arrangement system at the Food, Food Crops and Horticulture Department of Riau Province was using guidelines based on the Regulation of the Head of the National Archives of the Republic of Indonesia Number 4 of 2017 and inactive archive retrieval using the Ms. The average recall value is 97.75% and the average recall level is 99.05%. So, the arrangement of inactive archives is quite good and to remember the precision of the archive shows the results of an unbalanced proportion due to several factors, namely there are still archives that have not been inputted and there are still archives that do not match the keywords used.

The Right to Annual Leave as a Basic Guarantee for Safe and Healthy Conditions at Work. Remarks Based on Lithuanian and Polish Legal Regulations

The right to annual leave as originated from the need to protect human dignity is a fundamental right for people performing work and therefore requires strong and adequate protection at the national level. Notwithstanding the legal discourse on placing certain entitlements in the frame of rights or freedom, this right requires legal remedies that allow its full enjoyment by assigning responsibilities and duties to the parties to the employment relationship. This manuscript aims to evaluate the Lithuanian and Polish labour legislation through the prism of their constitutional and statutory law provisions, taking into account the supranational fundamental principles related to this subject, as well as a discussion related to the scope of labour law and the level of guarantees for employed people. Therefore, since the right to health and safety needs to be fully encompassing, the subjective or objective focus of protection (the ‘per worker’ or ‘per contract’ approach) concerning cases of concurrent contracts with one or more employer(s) will be part of the discussion. This analysed topic has become a part of the extended scientific discourse related to issues of the future world of work, determined by the dissemination of atypical and novel forms of employment and their consequences: e.g. lowered social protection and precarious employment. In relation to the above point, the need for protection of health and safety of the employed constitutes the focal point for all labour protective legislation and requires a focus on issues connected with the protection of the individual rights.

Annual Leave Entitlement of Labor (A Comparison between Egypt Law with Indonesia)

&lt;p&gt;Wages are unimportant in work ties then leave pay is a worker's right that must be provided in accordance with the principle of no work no pay. Leave is a goal to restore labor to a physically stable and able to rest the human body. However, the regulations in Indonesia do not apply the law as in the State of Egypt, the employer revokes the wages of leave if the worker is provided with other services while on leave. Regulations in Egypt are in accordance with the Egyptian Law Number 12 of 2003 concerning relevance to the purpose of the leave itself, namely leave to rest the physical or body of the worker, not to utilize work leave at another employer. However, the regulations in Indonesia in Law Number 13 of 2003 have not been regulated as in Egypt. In Egypt, it is more comprehensive in expressing the principle of no work, no pay.&lt;/p&gt;

Content and Implementation of the Right to Annual Leave: Analysis Based on the Case Study of Lithuania

Abstract Annual leave is granted to employees in order for them to rest and to regain efficiency at work. In accordance with Article 31 (2) of the Charter of Fundamental Rights of the European Union and Article 7 of the Directive 2003/88/EB of the European Parliament and of the Council regarding certain aspects of work time organization (Working Time Directive), employers must guarantee employees at least 4 [work] weeks of paid annual leave. Furthermore, Article 49 of the Constitution of the Republic of Lithuania maintains that every employed individual has the right to paid annual leave. The question arises whether this type of constitutional right can be absolute and if, as a result, employees are able to exercise their discretion to decide for themselves how to use this right. Can employers decide to grant or refuse to grant leave based on their own discretion? This article aims to address the content of the right to paid annual leave and its implementation details. In particular, it seeks to verify the extent to which an employee or an employer can affect the implementation of such a right.

Case C-658/18, Fixed-Term Work, Annual Leave

Case C-658/18, Fixed-Term Work, Annual Leave

Implementation of Information System in Submitting Employees’ Annual Leave at PT. Tesco Indomaritim

The progress of a company is always supported by appropriate management in managing the company and labor resources. By utilizing one of the developments in web-based computer network technology, it can support the development of information systems in companies so that the flow of information can be delivered quickly and accurately. PT. Tesco Indomaritim needs to change and build a new system in the process of submitting leave to be a computerized and web-based system. In the process of submitting leave by filling in the leave form and making reports using Microsoft Word and Microsoft Excel so that obstacles are still found. The large number of files which accumulate results in difficulties in searching, capturing and losing data. So to overcome this, a Submission Leave Information System was created at PT. Tesco Indomaritim which is expected to be able to provide solutions to the shortcomings of the old system. The web-based annual leave submission system that is made simple and easy to use must be applied in order to facilitate all employees, ease the staffing in making reports, ease for superiors for the proposed leave approval process, so that they are more effective and efficient because they are interconnected indirectly.

HAK CUTI TAHUNAN PADA PEKERJA DENGAN PKWT (PEKERJA KONTRAK)

This thesis entitled " ANNUAL LEAVE RIGHT ON WORKERS WITH PKWT (CONTRACT WORKERS)", writing on research methods used juridical normative, using the approach of the law (Statute Approach) and the conceptual approach (Conceptual Approach). Formulation of the problem in this paper are: (1) What is a worker in article 79 of Law No. 13 of 2003 must have status as a permanent workers?, (2) What are the legal remedies that can be done for the contract worker / employee that do not get their annual leave entitlements? Resulting from the approach that the first formulation of the problem, the status of the workers mentioned in article 79 of Law No. 13 of 2003 on employment do not have status as permanent workers, provided that an employee has worked for 12 consecutive months, the employee is entitled to receive annual leave entitlements. While in the second formulation of the problem, discuss the legal remedies that can be done by a worker if he does not get his annual leave entitlements. Workers can resolve the dispute to the Industrial Relations Settlement.Keywords :Annual Leave Entitlement, Contract Workers, Industrial Relations Settlement.

China’s Situation of Paid Annual Leave and Its Influence on Tourism Consumer Behaviors: A Research Based on a National Survey

This paper investigates implementation of Workers Paid Annual Leave Regulations, and also analyses whether and how this regulation affects tourism consumer behaviors. The author designs questionnaires and administers them to 5884 subjects distributed throughout 7 regions in China to collect primary objective data about the situation of paid vocation and tourists’ behaviors. Based on data analysis, this research concludes that the regulation has not been implemented successfully, that people have more paid days off, they have more leisure travel and higher satisfaction with travelling, and that people who work for state-owned enterprises and public institutions enjoy more paid days off than those migrant workers and employees of private enterprises. It is therefore recommended that the Central Government should take three effective measures to promote implementation of paid leave regulations.

The Right to Paid Annual Leave: The Implications of Accession

The right to paid annual leave is a particularly important principle of EU social law that is regulated by the provisions of Article 7 of the Working Time Directive (WTD), where it enjoys a privileged status as the only non-derogable right. Significantly, Article 7 of the WTD Directive has been interpreted by the Court of Justice of the European Union (CJEU) as a directly effective provision. In Croatian law, this right has been implemented by means of the Labour Act. In this article, we examine three aspects of national regulations regarding paid annual leave against which might raise doubts as to the proper implementation of Article 7 WTD. First, we look at the regulation on minimum periods of employment as a precondition for the entitlement to paid annual leave. Here, we shall argue that the national regulation is not consistent with EU law, as it triggers the accrual of the right to paid annual leave only after half a month of employment. After that, we examine the regulation on the overlap between paid annual leave and other types of leave. We shall claim that national rules regulating overlaps between paid annual leave and maternity, parental, adoption, sick and other paid leave are not in violation of EU law. However, in the case of the overlap between paid leave and unpaid leave stemming from the Maternity and Parental Benefits Act, we raise certain doubts as to the adequacy of national regulations. Our last point of interest is the regulation concerning the carrying-over of untaken paid annual leave into the following calendar year, where we argue that national provisions on the carry-over period are not consistent with Article 7 WTD.

Paid Annual Leave and Working Hours: Evidence from the HILDA Survey

Using data from wave 5 of the Household, Income and Labour Dynamics in Australia (HILDA) Survey, this study examines: (1) the extent to which Australian employees use their annual leave entitlements; and (2) the association between annual leave taking and weekly hours of work. After restricting attention to employees likely to have entitlement to at least 4 weeks of paid annual leave, it is found that the mean number of days of leave taken per year is around 16 and that the majority of employees (63%) take less than 20. The incidence of annual leave taking is found to vary positively with the number of usual weekly hours of work, but the size of this effect is small and weak.

Paid Annual Leave and the Long-Term Sick: Third Time Lucky for the United Kingdom?

Paid Annual Leave and the Long-Term Sick: Third Time Lucky for the United Kingdom?

Paid Annual Leave in Australia: An Analysis of Actual and Desired Entitlements

Most full-time employees in Australia are entitled to four weeks paid annual leave. This paper shows that, when compared to other developed countries, four weeks is towards the lower end of the spectrum of annual leave entitlements for full-time employees. Survey data are presented that show that many full-time employees have difficulty accessing their existing leave entitlements. Data are also presented that suggest that the majority of full-time employees would be willing to trade off a small pay rise to purchase additional annual leave. The results presented above raise significant issues for policy makers. They provide a direct counter to the argument that maximising incomes is the most important objective for policy makers by suggesting that community well being could be significantly enhanced not by producing more but by allowing the preference for more leisure to be realised.

Annual Leave in Germany: Employees Frequently Do Not Take up Their Full Entitlement

Annual Leave in Germany: Employees Frequently Do Not Take up Their Full Entitlement