أسئلة وأجوبة
The right for annual leave
I sent a formal email asking for 12 days annual leave and it was approved. On my last working day before my annual leave starts, the HR guy asked for me and we sat down and he told me that I am out of balance and that I owe them 14 days. I asked him to show me the annual leave forms that I have signed, and according to what I have signed, I only took 14 days in my second year so far with this employer.
My hiring date was in September 2015. He also told me that I have exceeded my balance during the first year and that I have to work until September 2017 with no right to book annual leaves. And that if I resigned or got terminated they are going to deduct those 14 days from my salary.
My question is: can my employer do what he has just done, deny me my annual leave at such a short notice, and can he deduct those 14 days from my salary? Is it my fault that they are not organised? And under what circumstances can I sue my employer with regards to the above?
Dear Sir/ Madam,
I hope you are doing well, through reviewing your message, I am a bit confused with regard to the fact you have exceeded your annual leave entitlement or not.
Let us build on the fact that your signature is on 14 days only for the second year of services, and you took only 14 days then for sure, in case you would resign or been terminated they would not be entitled to deduct any amount from your labour rights.
In case you sign 14 but you have taken all your annual leave, and there is a dispute in the court whether or not you have taken the whole annual leave and whether the employer has the right to deduct or not, then, in case you would deny taking more 14 days, it would be a matter of evidence that the Employer has to prove it.
Should you have more questions, please don't to hesitate to contact me directly on my mobile number: 0559230221
Best Regards,
Aws M. Younis
