Vacation leave - should this be earned or be given full every year?

employment contract says employee is given 15 days of vacation leave every year.

Previously...the management allowed the employees to use their VL even if it hasn't been earned (example, regular employees takes a leave with pay for 1wk during jan2-6). This is what was done in year 2012.

The employee has now tendered resignation is claiming to use the VL credits as terminal leave. Technically, the employee has earned 10 days of leave credits (1.245 * 8months). however, the employee who resigned already used up 11 days of paid leave. Is the employee still entitled to claim the other 5 days remaining?

No because he has already used the 11 days and in fact, the company can claim for payment for his excess leave because leaves, like 13th month pay may be considered as pro-rated.

No because he has already used the 11 days and in fact, the company can claim for payment for his excess leave because leaves, like 13th month pay may be considered as pro-rated.