Cash Consideration for the Worker’s Annual Leave Balance

Abstract

The researcher resorts to the labor law texts which regulate annual leave, and uses them as a research topic, in light of the ambiguity of the legislative text regulating them, and the judiciary’s burden on the text more than it can bear, with the latter ignoring the subjectivity of the labor law and the consequences resulting from its special legal nature, and despite the combination of the word comparative labor laws on the principle that it is not permissible to collect in-kind annual leave for more than two years. However, the texts of some of these laws were not conclusive regarding the permissibility or impermissibility of accumulating cash consideration for annual leave that the worker has not used. In addition, the Palestinian judicial position in particular is not uniform, as it became clear by extrapolation that the different provisions have been issued, so the researcher set out to clarify the cash consideration for the balance of annual leave, and whether or not the worker has the right to claim the unused annual leave for the entire period of the employment contract, in light of the Palestinian, Egyptian, and Kuwaiti labor law.