Mutual duties and responsibilities of employees and enterprises in the business environment are regulated by the Labor Code. Among these commitments, the issue of vacation has always remained relevant. Thus, how many days can each employee go on leave during the year, when the right to leave is created, what kind of leave is available, how the leave fee is calculated, and so on. The answers to these questions are reflected in the relevant articles of the Labor Code.
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According to Article 112 of the Labor Code, there are the following types of leave:
Labor leave consisting of basic and additional vacation
Social vacation
Educational and creative vacation for continuing education and engaging in scientific creativity
Unpaid vacation
According to Article 114.2 of the Labor Code, paid leave is a minimum of 21 days per working year. However, employees specified in the relevant articles of the Labor Code must be given 30 days off.
Depending on the length of service of the employee, additional leave is added to the main leave. According to Article 116.1 of the IP:
5 years to 10 years -2 days
10 years to 15 years - 4 days
If it is more than 15 years, 6 days of additional leave is increased.
According to Article 117.1 of the Labor Code, regardless of the duration of all basic and additional leave, women with 2 children under 14 are given 2 calendar days, and women with 3 or more children are given additional leave for 5 calendar days.
Critical points to know about vacation:
According to Article 114.6 of the Labor Code, holidays that are not considered working days during the period of leave are not included in the calendar days of leave and are not paid.
According to Article 135 of the Labor Code, it is prohibited not to grant leave to an employee
According to Article 137.1 of the Labor Code, leave may be granted in installments, but in this case the duration of one of the parts shall not be less than 2 calendar weeks (14 days).
According to Article 135.2 of the Labor Code, compensation must be paid in accordance with the established procedure and amount for the period of unused leave.
Vacation is granted on a calendar day.
The accrued leave must be paid to the payroll card at least 2 days prior to the employee's leave.
According to Article 131.1 of the Labor Code, the right of an employee to take leave for the first working year arises after six months from the date of conclusion of the employment contract.
The right to leave arises from the first day of employment.
If an employee resigns after working for 5 days by mutual agreement, he / she must be compensated for the 5 days he / she worked.
Calculation of vacation
According to Article 140.3 of the Labor Code, in order to determine the salary for vacation days, the average monthly salary is found by dividing the total amount of salary for 12 calendar months before vacation by 12 and dividing the amount by the average annual number of calendar days of the month - 30.4. is determined by the amount of a daily wage. The amount of one day's salary determined by this rule is multiplied by the number of calendar days of the leave period.
For example:
The employee is on 23-day leave. The total salary of this employee for the last 12 months is AZN 10,980.
(10980/12) /30.4*23 days=692.27 AZN
