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Can an employer force an employee to take paid vacation even if the employee hasn’t submitted a request?
Can an employer force an employee to take paid vacation even if the employee hasn’t submitted a request?
According to Article 138 of the Labour Code, the granting of all types of leave is formalized by an order (instruction or decision) of the employer based on a written application submitted by the employee, either on paper or via an electronic information system. Under the current labour legislation, if the employee does not submit a leave application, the employer cannot, under any circumstances, send the employee on paid leave.
According to the proposed amendment to the Labour Code, it is expected that a new paragraph will be added to Article 138. Under this paragraph, the employer would be granted the right to send the employee on paid leave even if the employee has not submitted a leave application. It should be noted that most of the proposed changes to the Labour Code regarding paid leave are intended to bring the legislation in line with the requirements of Convention No. 132 of the International Labour Organization, “Concerning Annual Paid Leave,” to which the Republic of Azerbaijan is a party.
According to Article 138 of the Labour Code, the granting of all types of leave is formalized by an order (instruction or decision) of the employer based on a written application submitted by the employee, either on paper or via an electronic information system. Under the current labour legislation, if the employee does not submit a leave application, the employer cannot, under any circumstances, send the employee on paid leave.
According to the proposed amendment to the Labour Code, it is expected that a new paragraph will be added to Article 138. Under this paragraph, the employer would be granted the right to send the employee on paid leave even if the employee has not submitted a leave application. It should be noted that most of the proposed changes to the Labour Code regarding paid leave are intended to bring the legislation in line with the requirements of Convention No. 132 of the International Labour Organization, “Concerning Annual Paid Leave,” to which the Republic of Azerbaijan is a party.