Can Payment Be Made for Unused Leave Days?

Question: If the year ends and the employee has not used all of their leave days, will the company compensate for the remaining leave days?

Previously, according to the Labor Code 2012, employees who ceased working, lost their jobs, or for other reasons had not taken their annual leave or had not taken all their annual leave days, were entitled to be paid for the untaken leave days.

However, Clause 3, Article 113 of the Labor Code 2019 stipulates:

In cases where employment is terminated or a job is lost and annual leave has not been taken or fully taken, the employer shall pay wages for the untaken leave days.

Thus, employees who have not taken all their annual leave days are only entitled to receive payment from the employer for untaken leave days due to termination of employment or job loss. If it’s not for the above two reasons, the company is not obligated to pay the employee.

Please refer to the above regulation to comply accordingly.

Respectfully!

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