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How is the salary of an employee called up for military drills calculated
How is the salary of an employee called up for military drills calculated
In cases provided by law, the employer must maintain the employee's workplace and average salary. This is regulated by Article 179 of the Labor Code. Labor law expert Nüsrət Xəlilov explains the rights of employees called up for military drills.
According to part 1 of Article 179 of the Labor Code, an employee who is engaged in performing state and public duties, as prescribed by law, should receive their average salary while keeping their workplace and position (profession) intact. Part 2 of the same article lists cases where the workplace is maintained and salary is paid. One such case (item "g") includes participation in military drills and other military events organized by military commissariats, as well as being sent on duty related to military transport.
Article 52 of the Law on "Military Duty and Service" states that military personnel called up for drills are exempted from their regular job during the entire period of the drills, with their average salary maintained. Their employment contract cannot be terminated from the day they receive their call-up notice until their return from the drills, except in the case of the organization being dissolved. If the organization is dissolved, the payments for the period of drills are made by the dissolved organization or its legal successor.
In case of illness during the drills, the employee's workplace (position) is maintained during their treatment period, and benefits are paid as prescribed by the relevant executive authority.
Example 1: Let’s assume that Farid, who works as an accountant in a private organization, is called up for 14 days of military drills in September. Let’s see how his salary for September will be calculated:
Farid worked 22 days in July and earned 900 manats. In August, he worked 23 days and earned 1,000 manats. His tariff salary is 750 manats.
In September, there are 22 working days, and Farid was absent from work for 10 working days (14 calendar days) due to military drills. Therefore, his salary for September will be calculated as follows:
(900 + 1000) : (22 + 23) = 42.22 manats (daily average salary);
10 x 42.22 = 422.22 manats (salary for the military drill period);
750 : 22 = 34.09 manats (salary per working day in September).
Farid worked 12 days. Therefore, the calculation will be:
12 x 34.09 = 409.08 manats;
422.22 + 409.08 = 831.3 manats.
Thus, his total salary for September will be 831.3 manats. If Farid received bonuses in July and August, his salary for September will exceed the 750 manats tariff salary.
In cases provided by law, the employer must maintain the employee's workplace and average salary. This is regulated by Article 179 of the Labor Code. Labor law expert Nüsrət Xəlilov explains the rights of employees called up for military drills.
According to part 1 of Article 179 of the Labor Code, an employee who is engaged in performing state and public duties, as prescribed by law, should receive their average salary while keeping their workplace and position (profession) intact. Part 2 of the same article lists cases where the workplace is maintained and salary is paid. One such case (item "g") includes participation in military drills and other military events organized by military commissariats, as well as being sent on duty related to military transport.
Article 52 of the Law on "Military Duty and Service" states that military personnel called up for drills are exempted from their regular job during the entire period of the drills, with their average salary maintained. Their employment contract cannot be terminated from the day they receive their call-up notice until their return from the drills, except in the case of the organization being dissolved. If the organization is dissolved, the payments for the period of drills are made by the dissolved organization or its legal successor.
In case of illness during the drills, the employee's workplace (position) is maintained during their treatment period, and benefits are paid as prescribed by the relevant executive authority.
Example 1: Let’s assume that Farid, who works as an accountant in a private organization, is called up for 14 days of military drills in September. Let’s see how his salary for September will be calculated:
Farid worked 22 days in July and earned 900 manats. In August, he worked 23 days and earned 1,000 manats. His tariff salary is 750 manats.
In September, there are 22 working days, and Farid was absent from work for 10 working days (14 calendar days) due to military drills. Therefore, his salary for September will be calculated as follows:
(900 + 1000) : (22 + 23) = 42.22 manats (daily average salary);
10 x 42.22 = 422.22 manats (salary for the military drill period);
750 : 22 = 34.09 manats (salary per working day in September).
Farid worked 12 days. Therefore, the calculation will be:
12 x 34.09 = 409.08 manats;
422.22 + 409.08 = 831.3 manats.
Thus, his total salary for September will be 831.3 manats. If Farid received bonuses in July and August, his salary for September will exceed the 750 manats tariff salary.