Frequently Asked Question

Are outsourced workers entitled to paid leave and holidays?

2 min read BestCare Manpower Services Nairobi, Kenya
Answer

Yes. Paid annual leave is a statutory entitlement in virtually every employment jurisdiction, and it applies to outsourced workers just as it does to directly employed workers. The right to annual leave accrues from the first day of employment and cannot be contracted out of. At Bestcare Manpower Services, we track, administer, and ensure payment of annual leave entitlements for every worker we employ.

The minimum annual leave entitlement varies by jurisdiction. In Kenya, the Employment Act provides for 21 working days of annual leave after 12 months of continuous service. The EU Working Time Directive provides for a minimum of four weeks (20 days) per year. In South Africa, the Basic Conditions of Employment Act provides for 15 working days or 21 consecutive days per cycle. Whatever the minimum in the applicable jurisdiction, Bestcare ensures every worker receives it — in full, on time, and with correct leave pay.

Leave accrues throughout the year and may be taken incrementally or in blocks, subject to operational requirements. Bestcare maintains individual leave records for every worker, tracking accrual and usage accurately. Where the law permits carry-over of unused leave from one year to the next (up to a statutory limit), Bestcare respects those provisions. Where carry-over is not permitted and leave must be taken in the year it is accrued, we actively encourage workers to take their leave and flag situations where accumulated leave risk is growing.

Workers on annual leave are entitled to receive their normal remuneration during the leave period. Bestcare calculates and pays leave pay correctly — which in some jurisdictions includes not just base salary but also regular allowances and a component reflecting variable pay such as overtime or commission.

In addition to annual leave, outsourced workers are entitled to statutory public holidays. The treatment of public holidays — whether they are taken as additional days off, paid at enhanced rates if worked, or substituted with an alternative day — depends on local law and the terms of employment. Bestcare ensures correct administration of public holidays for all workers.

Workers request leave through Bestcare’s standard leave management process. We liaise with the client to ensure that leave is scheduled in a way that meets operational needs, arranging cover where necessary. The worker’s right to take leave cannot be denied indefinitely — if a client’s operational requirements regularly prevent leave from being taken, Bestcare will raise this as a service management issue requiring resolution.