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Calculation of vacation compensation for certain categories of persons
Calculation of vacation compensation for certain categories of persons
The calculation of compensation for unused vacation upon termination of the employment contract of persons specified in Articles 118, 119, 120 and 121 of the Labor Code remains relevant. Labor legislation expert Nusrat Khalilov shared his views on the subject.
Article 118 of the Labor Code establishes the terms of vacation for employees engaged in pedagogical and scientific activities. According to that article, teachers of all specialties and titles must be granted vacation for a period of 56 calendar days.
Article 119 of the Labor Code establishes the terms of vacation for employees related to their physiological qualities. According to that article, employees under the age of 16 are granted vacation for no less than 42 calendar days, and employees from 16 to 18 years old are granted vacation for no less than 35 calendar days. Also, employees with working disabilities, regardless of the percentage, cause and duration of impaired body functions, are granted vacation for no less than 42 calendar days.
Article 120 of the Labor Code determines the duration of the labor leave of employees who have rendered special services to the people of Azerbaijan. Employees who have received injuries (injury, trauma, contusion) for the freedom, sovereignty and territorial integrity of the Republic of Azerbaijan, Heroes of the Patriotic War of the Republic of Azerbaijan, National Heroes of Azerbaijan, Heroes of the Soviet Union, military personnel who participated in combat operations in the 1941-1945 war, as well as military personnel who were in military service but did not participate in combat operations, employees awarded the Order of "Independence", as well as other state awards related to the protection of the sovereignty and territorial integrity of the Republic of Azerbaijan, are granted a leave of no less than 46 calendar days.
According to Article 121 of the Labor Code, artistic and artistic staff of theater and performance institutions, television, radio and cinematographic institutions are granted a leave of no less than 42 calendar days, and employees directly serving the stage are granted a leave of no less than 35 calendar days.
As can be seen, all the above articles mention not the main leave, but the labor leave. According to Article 112 of the Labor Code, the employee has the right to labor leave, which consists of main and additional leaves.
According to Article 144 of the Labor Code, regardless of the reason and basis for the termination of the employment contract, the employee must be paid compensation for the main leaves of all working years that he did not use without any conditions or restrictions until the day of dismissal.
An employee may have several additional leaves, depending on the current situation during his employment. The article establishes that when terminating an employment contract, compensation should be paid only for the main leaves. Additional leaves are stipulated in Articles 115, 116, 117 and 118-1 of the Labor Code.
The main point that raises the question is whether the right to leave specified in Articles 118, 119, 120 and 121 of the Labor Code is considered their main leave or not?
According to Article 114.1 of the Labor Code, the main leave is the leave, the minimum duration of which is specified in the second and third parts of this article for the employee's profession (position) specified in the employment contract. Let's look at the second and third parts of that article:
“2. Employees must be granted a paid main leave of no less than 21 calendar days.
3. The following employees must be granted a paid main leave of 30 calendar days:”
Therefore, according to the mentioned article, the main leave can only be determined for a period of 21 and 30 calendar days. In the section on additional leave of the Labor Code, when we carefully look at Articles 118, 119, 120 and 121 of the Code, we can see that this leave is not defined as a main leave, but as a work leave.
Also, Article 135 of the Labor Code, entitled “Cases in which it is prohibited to not grant leave or transfer it to another time” as amended by the Law of the Republic of Azerbaijan No. 77-IIIQD dated March 3, 2006, also confirms that the main leave is 21 or 30 calendar days. The article states as follows:
It is prohibited to transfer the main leaves (21 or 30 calendar days) established by this Code from one working year to another working year, as well as not granting work leaves for two consecutive years.
I would like to note that the main purpose of amending that article was to add compensation for leaves.
The vacation days specified in Articles 118, 119, 120 and 121 of the Labor Code are the duration of the vacation, not the main vacation, of those persons. Since Part 2 of Article 144 of the Code stipulates that, regardless of the reason and basis for the termination of the employment contract, the employee shall be paid compensation for the main vacation of all working years that he did not use without any conditions or restrictions until the day of dismissal, the payment of compensation for the main vacation of all working years (30 calendar days) when terminating the employment contract of teachers complies with the requirements of the legislation. Because the vacation specified in the relevant articles of the Labor Code (118, 119, 120 and 121) is considered their main vacation, not their main vacation. Since the termination of an employment contract only provides for compensation for the main leave, it is in accordance with the requirements of the legislation to provide them with compensation for 30 calendar days (main leave) rather than for the leave as specified in the relevant articles.
The calculation of compensation for unused vacation upon termination of the employment contract of persons specified in Articles 118, 119, 120 and 121 of the Labor Code remains relevant. Labor legislation expert Nusrat Khalilov shared his views on the subject.
Article 118 of the Labor Code establishes the terms of vacation for employees engaged in pedagogical and scientific activities. According to that article, teachers of all specialties and titles must be granted vacation for a period of 56 calendar days.
Article 119 of the Labor Code establishes the terms of vacation for employees related to their physiological qualities. According to that article, employees under the age of 16 are granted vacation for no less than 42 calendar days, and employees from 16 to 18 years old are granted vacation for no less than 35 calendar days. Also, employees with working disabilities, regardless of the percentage, cause and duration of impaired body functions, are granted vacation for no less than 42 calendar days.
Article 120 of the Labor Code determines the duration of the labor leave of employees who have rendered special services to the people of Azerbaijan. Employees who have received injuries (injury, trauma, contusion) for the freedom, sovereignty and territorial integrity of the Republic of Azerbaijan, Heroes of the Patriotic War of the Republic of Azerbaijan, National Heroes of Azerbaijan, Heroes of the Soviet Union, military personnel who participated in combat operations in the 1941-1945 war, as well as military personnel who were in military service but did not participate in combat operations, employees awarded the Order of "Independence", as well as other state awards related to the protection of the sovereignty and territorial integrity of the Republic of Azerbaijan, are granted a leave of no less than 46 calendar days.
According to Article 121 of the Labor Code, artistic and artistic staff of theater and performance institutions, television, radio and cinematographic institutions are granted a leave of no less than 42 calendar days, and employees directly serving the stage are granted a leave of no less than 35 calendar days.
As can be seen, all the above articles mention not the main leave, but the labor leave. According to Article 112 of the Labor Code, the employee has the right to labor leave, which consists of main and additional leaves.
According to Article 144 of the Labor Code, regardless of the reason and basis for the termination of the employment contract, the employee must be paid compensation for the main leaves of all working years that he did not use without any conditions or restrictions until the day of dismissal.
An employee may have several additional leaves, depending on the current situation during his employment. The article establishes that when terminating an employment contract, compensation should be paid only for the main leaves. Additional leaves are stipulated in Articles 115, 116, 117 and 118-1 of the Labor Code.
The main point that raises the question is whether the right to leave specified in Articles 118, 119, 120 and 121 of the Labor Code is considered their main leave or not?
According to Article 114.1 of the Labor Code, the main leave is the leave, the minimum duration of which is specified in the second and third parts of this article for the employee's profession (position) specified in the employment contract. Let's look at the second and third parts of that article:
“2. Employees must be granted a paid main leave of no less than 21 calendar days.
3. The following employees must be granted a paid main leave of 30 calendar days:”
Therefore, according to the mentioned article, the main leave can only be determined for a period of 21 and 30 calendar days. In the section on additional leave of the Labor Code, when we carefully look at Articles 118, 119, 120 and 121 of the Code, we can see that this leave is not defined as a main leave, but as a work leave.
Also, Article 135 of the Labor Code, entitled “Cases in which it is prohibited to not grant leave or transfer it to another time” as amended by the Law of the Republic of Azerbaijan No. 77-IIIQD dated March 3, 2006, also confirms that the main leave is 21 or 30 calendar days. The article states as follows:
It is prohibited to transfer the main leaves (21 or 30 calendar days) established by this Code from one working year to another working year, as well as not granting work leaves for two consecutive years.
I would like to note that the main purpose of amending that article was to add compensation for leaves.
The vacation days specified in Articles 118, 119, 120 and 121 of the Labor Code are the duration of the vacation, not the main vacation, of those persons. Since Part 2 of Article 144 of the Code stipulates that, regardless of the reason and basis for the termination of the employment contract, the employee shall be paid compensation for the main vacation of all working years that he did not use without any conditions or restrictions until the day of dismissal, the payment of compensation for the main vacation of all working years (30 calendar days) when terminating the employment contract of teachers complies with the requirements of the legislation. Because the vacation specified in the relevant articles of the Labor Code (118, 119, 120 and 121) is considered their main vacation, not their main vacation. Since the termination of an employment contract only provides for compensation for the main leave, it is in accordance with the requirements of the legislation to provide them with compensation for 30 calendar days (main leave) rather than for the leave as specified in the relevant articles.