Section 14 of the Labor Law 2006: Calculating "One Year," "Six Months," and Leave Entitlements
For some time now, Section 14 of the Labor Law 2006 has raised various questions among different individuals, be it over the phone or through various messenger groups. To clarify this for everyone, let's break it down in simple terms.
(1) In this chapter, when necessary, if an employee has worked continuously for at least two hundred and forty days or one hundred and eighty days in the preceding calendar month in any establishment, they shall be considered to have worked "one year" or "six months" consecutively in that establishment, respectively.
Now, for those who are specifically looking for when they qualify:
Please note that there are four conditions here:
1) You cannot use this for any section outside of Chapter 2, Sections 3 to 33 of this chapter.
2) The preceding calendar month refers to a full calendar month.
3) You must have worked continuously for at least two hundred and forty days or one hundred and eighty days.
4) Days not worked due to weekly holidays, public holidays, and maternity leave will not count in these days.
Let's consider an example: Suppose an employee has worked for 5 years and 4 months. They may claim the benefits of 6 years, but keep in mind that they have not fulfilled all four conditions. For instance, they did not complete the preceding calendar month in their last year, so their calculation remains at 5 years.
Similarly, if someone claims they've worked for 5 years and 11 months, they may be eligible for 6 years, but again, they haven't met all the conditions because they didn't complete the preceding calendar month in their last year. So, their calculation remains at 5 years.
Let's illustrate this with an example: Suppose an employee joined on 01/10/2014 and left on 01/09/2019 due to resignation, termination, or retirement. Their calculation would be as follows:
- From 01/10/2014 to 30/09/2015: 1 year
- From 01/10/2015 to 30/09/2016: 1 year
- From 01/10/2016 to 30/09/2017: 1 year
- From 01/10/2017 to 30/09/2018: 1 year
- Total: 5 years
- From 01/10/2018 to 01/09/2019 = 11 months
Since the last calendar month wasn't completed, their calculation remains at 5 years.
Some may question why this section is included and why the mention of two hundred and forty or one hundred and eighty days is necessary. The reason is that it ensures that an employer cannot deprive an employee of any such benefits by strategically scheduling absences. Even if an employer grants no-notice leave for any reason or the employee is absent due to illness or maternity leave (which is not counted under this law), as long as the two hundred and forty or one hundred and eighty-day condition is met, the employee is entitled to the benefits.
Please note that Section 19 of the same law has different provisions, specifically mentioning six months. This is why Section 14 does not apply in Section 19 cases, as it has its own distinct calculations.