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Should an employee who works on holidays during a leave period be double-counted?
Should an employee who works on holidays during a leave period be double-counted?
Until the last amendment to the Rules, the second part of paragraph 9 of section “I. General Provisions” stated that if the day(s) on which an employee goes on a business trip and returns from a business trip, upon the instruction of the head of the organization, falls on a holiday or a day(s) not considered a day off, the employee must be granted additional wages or additional day(s) of rest for that day(s) in accordance with the procedure established by labor legislation.
It was understood from the Rules that only if the day(s) on which an employee goes on a business trip and returns from a business trip falls on a holiday or a day(s) not considered a day off, according to Article 164 of the Labor Code, a day(s) of rest should be granted instead of wages or wages. This also contradicted the requirements of the Labor Code. Because the Rules stipulate that an employee is paid double wages if he works on a holiday or a day not considered a day off during the business trip.
According to the amendments to the “Employee Travel Regulations”, if the day(s) on which an employee goes on a business trip and returns from a business trip falls on a rest day, voting day, non-working day, or national mourning day established in the Republic of Azerbaijan, as well as if the employee worked on those days (attended training, courses, conferences, and other similar events) while on a business trip, he/she shall be granted a day(s) of rest instead of salary or salary in accordance with Article 164 of the Labor Code of the Republic of Azerbaijan.
Unlike the previous amendment, the regulations state that if an employee works on rest days, voting days, non-working days, or national mourning day during business trips, whether within the republic or abroad, then that employee shall be granted a day(s) of rest instead of salary or salary in accordance with Article 164 of the Labor Code.
Example 1.The employer sent the employee on a business trip to a foreign country. The employee in a foreign country participated in an international conference on the “January 20 National Day of Mourning”. If the conference coincides with a national day of mourning, the employer shall provide the employee with a day off instead of wages or a day off in accordance with Article 164 of the Labor Code of the Republic of Azerbaijan. That is, the employee shall be paid double wages for that day in addition to the daily business trip rate.
Example 2. The employer sent the employee to an event held in Shusha on the occasion of “Victory Day”. The employer shall provide the employee who participated in the event on November 8, which is “Victory Day”, with a day off in accordance with Article 164 of the Labor Code. If the employee returns from the business trip on November 9, the calculation shall be carried out in accordance with the requirements of Article 164 of the Labor Code. Because the day the employee returns from the business trip falls on November 9, which is the “National Flag Day of the Republic of Azerbaijan”.
It is possible that in both cases the employer may give the employee returning from the business trip a day off, not a salary. In this case, even if the employee is given a day off on a working day, a single salary calculation should be carried out.
There is also a point here that in the amendments to the rules, after the concept of “worked on those days”, the statement “(attended training, courses, conferences and other similar events)” is given. In our opinion, the information in brackets should be applied more as concretizing cases. It is possible that the employee performs his labor function in some other form while on a business trip, in which case he should be given a day off instead of a salary or salary in accordance with Article 164 of the Labor Code.
Until the last amendment to the Rules, the second part of paragraph 9 of section “I. General Provisions” stated that if the day(s) on which an employee goes on a business trip and returns from a business trip, upon the instruction of the head of the organization, falls on a holiday or a day(s) not considered a day off, the employee must be granted additional wages or additional day(s) of rest for that day(s) in accordance with the procedure established by labor legislation.
It was understood from the Rules that only if the day(s) on which an employee goes on a business trip and returns from a business trip falls on a holiday or a day(s) not considered a day off, according to Article 164 of the Labor Code, a day(s) of rest should be granted instead of wages or wages. This also contradicted the requirements of the Labor Code. Because the Rules stipulate that an employee is paid double wages if he works on a holiday or a day not considered a day off during the business trip.
According to the amendments to the “Employee Travel Regulations”, if the day(s) on which an employee goes on a business trip and returns from a business trip falls on a rest day, voting day, non-working day, or national mourning day established in the Republic of Azerbaijan, as well as if the employee worked on those days (attended training, courses, conferences, and other similar events) while on a business trip, he/she shall be granted a day(s) of rest instead of salary or salary in accordance with Article 164 of the Labor Code of the Republic of Azerbaijan.
Unlike the previous amendment, the regulations state that if an employee works on rest days, voting days, non-working days, or national mourning day during business trips, whether within the republic or abroad, then that employee shall be granted a day(s) of rest instead of salary or salary in accordance with Article 164 of the Labor Code.
Example 1.The employer sent the employee on a business trip to a foreign country. The employee in a foreign country participated in an international conference on the “January 20 National Day of Mourning”. If the conference coincides with a national day of mourning, the employer shall provide the employee with a day off instead of wages or a day off in accordance with Article 164 of the Labor Code of the Republic of Azerbaijan. That is, the employee shall be paid double wages for that day in addition to the daily business trip rate.
Example 2. The employer sent the employee to an event held in Shusha on the occasion of “Victory Day”. The employer shall provide the employee who participated in the event on November 8, which is “Victory Day”, with a day off in accordance with Article 164 of the Labor Code. If the employee returns from the business trip on November 9, the calculation shall be carried out in accordance with the requirements of Article 164 of the Labor Code. Because the day the employee returns from the business trip falls on November 9, which is the “National Flag Day of the Republic of Azerbaijan”.
It is possible that in both cases the employer may give the employee returning from the business trip a day off, not a salary. In this case, even if the employee is given a day off on a working day, a single salary calculation should be carried out.
There is also a point here that in the amendments to the rules, after the concept of “worked on those days”, the statement “(attended training, courses, conferences and other similar events)” is given. In our opinion, the information in brackets should be applied more as concretizing cases. It is possible that the employee performs his labor function in some other form while on a business trip, in which case he should be given a day off instead of a salary or salary in accordance with Article 164 of the Labor Code.