In Vanuatu, the Employment Act No. 12 of 2010 recognizes the significance of vacation leave for the well-being and productivity of employees. This Act outlines the entitlements to annual leave.

Accruing Vacation Leave

The Act establishes a minimum entitlement to paid annual leave for all employees in Vanuatu. The duration of leave entitlement varies depending on the employee's length of service:

• Employees with 6 years or less of service: Entitled to a minimum of 15 days of paid annual leave per year.
• Employees with 7 to 19 years of service: The minimum entitlement increases to 21 days of paid annual leave per year.
• Employees with 20 years or more of service: Entitled to a minimum of 23 days of paid annual leave per year.
• Additional Leave for Extended Service: The Act allows for further increases in leave entitlement after 25 and 30 years of service, reaching a maximum of 27 days of annual leave.

Important Considerations

• Accrual Period: The Act doesn't explicitly define the accrual period for annual leave. However, it's common practice for leave to accrue on a monthly basis.
• Carryover of Leave: The Act doesn't guarantee automatic carryover of unused vacation leave. This should be specified within individual employment agreements.
• Encashment of Leave: The Act is silent on the encashment of unused vacation leave. Employment agreements should clarify whether or not employees can be compensated for unused leave upon termination.

Employer Obligations

Employers in Vanuatu have a legal responsibility to:

• Maintain Records: Accurately track employee leave accruals and usage.
• Schedule Leave: Facilitate the scheduling of annual leave in a way that considers both operational needs and employee preferences.

Employee Rights

Employees have the right to:

• Take Paid Leave: Utilize their earned annual leave during the agreed-upon timeframe.
• Request Leave Scheduling: Discuss preferred leave periods with their employer.

The Employment Act provides a foundation for understanding vacation leave entitlements, but individual employment agreements may offer additional details regarding leave accrual, carryover, encashment, and scheduling procedures.

Vanuatu recognizes a range of public holidays throughout the year, commemorating national milestones, cultural traditions, and religious holidays. These holidays can be categorized into three main groups: National Holidays, Provincial Holidays, and Custom Holidays.

National Holidays in Vanuatu

National holidays commemorate significant events in Vanuatu's history and national identity. Some prominent national holidays include:

• New Year's Day (January 1st): Celebrates the beginning of a new year.
• National Youth Day (February 5th): Recognizes the contributions of Vanuatu's youth.
• John Fries Day (March 5th): Commemorates the arrival of missionaries who introduced Christianity to Vanuatu.
• National Independence Day (July 30th): Celebrates Vanuatu's independence from colonial rule.
• Constitution Day (October 5th): Marks the adoption of Vanuatu's national constitution.
• National Unity Day (November 29th): Celebrates Vanuatu's cultural diversity and national unity.
• Christian Holidays: Good Friday, Easter Monday, and Christmas Day are also considered national holidays in Vanuatu.

Provincial Holidays in Vanuatu

Each of Vanuatu's six provinces may have additional public holidays specific to their local traditions and celebrations.

Custom Holidays in Vanuatu

Custom holidays are village-specific observances commemorating local events or honoring chiefs. These are not national holidays but may influence work schedules in specific locations.

Importance of Public Holidays in Vanuatu

Public holidays in Vanuatu serve multiple purposes:

• Commemoration: Celebrate national milestones and cultural traditions.
• Rest and Relaxation: Provide employees with paid days off to recharge and spend time with family and friends.
• Cultural Significance: Uphold the importance of customs and religious practices.

In Vanuatu, the labor framework acknowledges the need for employees to take breaks from work for various reasons. The Employment Act No. 12 of 2010 serves as the cornerstone legislation governing various leave entitlements in Vanuatu. This Act outlines minimum requirements for annual leave, sick leave, and maternity leave.

Types of Leave in Vanuatu

Annual Leave

All employees who have been in continuous employment with the same employer for more than 3 months are entitled to annual leave. The Act doesn't explicitly define the accrual period, but it's common practice for leave to accrue monthly. The Act establishes a minimum entitlement based on an employee's length of service:

• 1-6 years: 15 days per year (minimum)
• 7-19 years: 21 days per year (minimum)
• 20+ years: 23 days per year (minimum) with additional increases possible for extended service

The Act is silent on automatic carryover of unused leave or encashment options. These details should be specified within individual employment agreements.

Sick Leave

Employees who have been in continuous employment with the same employer for more than 3 months are entitled to sick leave. The Act mandates a minimum of 21 days of paid sick leave per year. Employees may be required to present a medical certificate to support their sick leave claims, especially for extended absences.

Maternity Leave

All pregnant employees, regardless of their length of service or employment status (full-time/part-time), are entitled to maternity leave. The minimum maternity leave entitlement is 12 weeks. Maternity leave is paid at a rate of 66% of the employee's usual salary or wage.

Additional Leave Considerations

While not mandated by law, some employers in Vanuatu may offer paternity leave as part of their benefits package. Employers may grant special leave for compassionate reasons (e.g., bereavement) or other unforeseen circumstances beyond the scope of standard leave categories. The terms of such leave would be determined on a case-by-case basis.

Importance of Leave Entitlements

Leave entitlements play a crucial role in ensuring employee well-being, maintaining a healthy work-life balance, and promoting a positive work environment. Understanding these entitlements empowers employees to take advantage of paid time off for rest, recuperation, and family commitments. It also helps employers to comply with legal requirements and design leave policies that attract and retain talent.