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In which cases is the employee's average salary maintained?
In which cases is the employee's average salary maintained?
The topic is explained by the expert Kamala Yusifova.
According to Article 179 of the Labor Code, during the period when an employee is engaged in the performance of state and public duties as provided by law, their job, position (profession) must be retained, and they should be paid their average salary.
The employee's job and average salary are retained in the following cases:
- When summoned to investigative, preliminary inquiry, and judicial authorities as a witness, victim, expert, specialist, translator, or eyewitness;
- When involved in court hearings as a public prosecutor, defender, representative of public organizations and labor collectives, as well as representative of employees under legal authority or power of attorney;
- When serving as a member with decisive voting rights in the district and precinct election commissions during the preparation and conduct of elections, as well as during the preparation of voter lists;
- When involved by the employer or with their consent in forums, consultations, meetings, and other events held by relevant state authorities and public organizations;
- When involved in collective negotiations, preparation and conclusion of collective agreements and contracts, or when engaged as a conciliator, mediator, arbitrator, or other representative for resolving collective labor disputes;
- When participating in judicial investigations related to individual labor disputes;
- When engaged in resolving economic disputes in courts to protect the interests and legal rights of the owner;
- When participating in military and special gatherings, other military events organized by military commissariats related to fulfilling military duties, or when sent on a business trip related to military transport duties;
- When engaged in work related to military and emergency situations or to eliminate the consequences of natural disasters;
- When sent by the employer to additional educational institutions with full or partial exemption from production;
- When sent on business trips to another region or abroad;
- When sent out of the workplace for the defense of the property owner’s interests and legal rights or to represent the employer in related activities;
- In cases provided for in collective agreements;
- When undergoing medical examinations as a donor or donating blood and blood components;
- When staying in a medical institution during medical examinations;
- When participating in practical work related to the application of their inventions and rationalization proposals outside their main workplace;
- In cases directly specified by legislation or other cases determined by the employer;
- When sent to initial long-term training courses for candidates for the judicial office.
According to Article 224 of the Labor Code, if an employee is hired for work with a high risk of occupational diseases, the employer must inform them about the probable duration of such diseases. In this case, only a fixed-term labor contract limited to the duration of the risk should be signed, and after the contract expires, the employee should be offered other work with retention of their previous average salary.
Article 230 of the Labor Code states that if work is suspended due to a violation of labor protection rules in the workplace or directly at the workplace, not caused by the fault of the employees, the employee’s job, position (profession), and average salary are retained.
Also, women with children under one and a half years old must be provided with additional breaks to nurse (breastfeed) their child, aside from the general rest and meal break during working hours. These breaks should be at least 30 minutes each, given every 3 hours. If the woman has two or more children under one and a half years old, the duration of each break should be at least one hour. Breaks for breastfeeding are included in working hours, and the average salary is retained.
According to Article 245 of the Labor Code, the average salary is retained for pregnant women and women with children under 3 years old on the days they undergo dispensary and outpatient medical examinations, as well as doctor consultations for themselves and their children. The employer must provide the necessary conditions for such examinations for pregnant women.
Example: An employee works as a warehouseman at an enterprise. In March, they were called for a 10-day military training. In this case, to calculate their average salary for those days, their income for the previous 2 months should be divided by the number of working days. For example, in February, there were 20 working days and 500 manat in income, and in January, there were 18 working days and 500 manat in income. The calculation would be as follows:
500 + 500 = 1,000 manat;
18 + 20 = 38 days;
1,000 : 38 = 26.31 (average daily salary);
26.31 x 10 = 263.1 manat.
The topic is explained by the expert Kamala Yusifova.
According to Article 179 of the Labor Code, during the period when an employee is engaged in the performance of state and public duties as provided by law, their job, position (profession) must be retained, and they should be paid their average salary.
The employee's job and average salary are retained in the following cases:
- When summoned to investigative, preliminary inquiry, and judicial authorities as a witness, victim, expert, specialist, translator, or eyewitness;
- When involved in court hearings as a public prosecutor, defender, representative of public organizations and labor collectives, as well as representative of employees under legal authority or power of attorney;
- When serving as a member with decisive voting rights in the district and precinct election commissions during the preparation and conduct of elections, as well as during the preparation of voter lists;
- When involved by the employer or with their consent in forums, consultations, meetings, and other events held by relevant state authorities and public organizations;
- When involved in collective negotiations, preparation and conclusion of collective agreements and contracts, or when engaged as a conciliator, mediator, arbitrator, or other representative for resolving collective labor disputes;
- When participating in judicial investigations related to individual labor disputes;
- When engaged in resolving economic disputes in courts to protect the interests and legal rights of the owner;
- When participating in military and special gatherings, other military events organized by military commissariats related to fulfilling military duties, or when sent on a business trip related to military transport duties;
- When engaged in work related to military and emergency situations or to eliminate the consequences of natural disasters;
- When sent by the employer to additional educational institutions with full or partial exemption from production;
- When sent on business trips to another region or abroad;
- When sent out of the workplace for the defense of the property owner’s interests and legal rights or to represent the employer in related activities;
- In cases provided for in collective agreements;
- When undergoing medical examinations as a donor or donating blood and blood components;
- When staying in a medical institution during medical examinations;
- When participating in practical work related to the application of their inventions and rationalization proposals outside their main workplace;
- In cases directly specified by legislation or other cases determined by the employer;
- When sent to initial long-term training courses for candidates for the judicial office.
According to Article 224 of the Labor Code, if an employee is hired for work with a high risk of occupational diseases, the employer must inform them about the probable duration of such diseases. In this case, only a fixed-term labor contract limited to the duration of the risk should be signed, and after the contract expires, the employee should be offered other work with retention of their previous average salary.
Article 230 of the Labor Code states that if work is suspended due to a violation of labor protection rules in the workplace or directly at the workplace, not caused by the fault of the employees, the employee’s job, position (profession), and average salary are retained.
Also, women with children under one and a half years old must be provided with additional breaks to nurse (breastfeed) their child, aside from the general rest and meal break during working hours. These breaks should be at least 30 minutes each, given every 3 hours. If the woman has two or more children under one and a half years old, the duration of each break should be at least one hour. Breaks for breastfeeding are included in working hours, and the average salary is retained.
According to Article 245 of the Labor Code, the average salary is retained for pregnant women and women with children under 3 years old on the days they undergo dispensary and outpatient medical examinations, as well as doctor consultations for themselves and their children. The employer must provide the necessary conditions for such examinations for pregnant women.
Example: An employee works as a warehouseman at an enterprise. In March, they were called for a 10-day military training. In this case, to calculate their average salary for those days, their income for the previous 2 months should be divided by the number of working days. For example, in February, there were 20 working days and 500 manat in income, and in January, there were 18 working days and 500 manat in income. The calculation would be as follows:
500 + 500 = 1,000 manat;
18 + 20 = 38 days;
1,000 : 38 = 26.31 (average daily salary);
26.31 x 10 = 263.1 manat.