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How are vacation days calculated when a war participant’s contract ends?
How are vacation days calculated when a war participant’s contract ends?
According to Article 120 of the Labor Code, employees who sustained injuries (wounds, trauma, concussion) in the struggle for the freedom, sovereignty, and territorial integrity of the Republic of Azerbaijan, Heroes of the Patriotic War, National Heroes, Heroes of the Soviet Union, servicemen who took part in combat operations during the 1941–1945 war, as well as those who served in the military but did not participate in combat operations, employees awarded the “Istiglal” Order and other state decorations related to the defense of Azerbaijan’s sovereignty and territorial integrity, are entitled to annual leave of no less than 46 calendar days.
The question arises: when the employment contract of such individuals is terminated, how are unused vacation days calculated for compensation purposes?
Expert Orkhan Isgandarov provides clarification on the matter.
Annual leave is a legal right of rest for every employee. According to the Labor Code, leave is divided into two types:
Basic leave – paid days of rest granted to all employees;
Additional leave – provided only in cases specified by Articles 115, 116, and 117 of the Labor Code.
Article 120 of the Labor Code guarantees employees with veteran status annual leave of no less than 46 calendar days. Although the term “basic leave” is not explicitly used in this article, these days are not included in the list of additional leaves under Articles 115, 116, and 117. In fact, those articles explicitly exclude Article 120. Therefore, the 46 days granted to war participants constitute extended basic leave.
According to Article 144 of the Labor Code, upon termination of an employment contract, monetary compensation must be paid for unused basic leave days. The Code specifies that compensation is not paid only for additional leaves under Articles 115 and 116. However, leave granted under Article 120 does not fall under this exception. For this reason, upon termination, any unused portion of the 46-day veteran leave must be compensated as part of basic leave entitlement.
Example: An employee who is a war participant has been awarded a state medal. Upon recruitment, the employment contract specifies 46 days of basic leave. If the employee submits a resignation letter, the employer must pay compensation for any unused days out of these 46 calendar days.
If, on the other hand, the employee was entitled to 30 days of basic leave plus 2 additional days for length of service, then compensation would be paid only for the unused portion of the 30 days.
One of the most important points is that in employment contracts for veterans, the 46-day leave is explicitly stated as basic leave. Failure to compensate these days upon termination constitutes a violation of the employment contract. Court practice shows that in such cases, claims are usually resolved in favor of the employee.
According to Article 120 of the Labor Code, employees who sustained injuries (wounds, trauma, concussion) in the struggle for the freedom, sovereignty, and territorial integrity of the Republic of Azerbaijan, Heroes of the Patriotic War, National Heroes, Heroes of the Soviet Union, servicemen who took part in combat operations during the 1941–1945 war, as well as those who served in the military but did not participate in combat operations, employees awarded the “Istiglal” Order and other state decorations related to the defense of Azerbaijan’s sovereignty and territorial integrity, are entitled to annual leave of no less than 46 calendar days.
The question arises: when the employment contract of such individuals is terminated, how are unused vacation days calculated for compensation purposes?
Expert Orkhan Isgandarov provides clarification on the matter.
Annual leave is a legal right of rest for every employee. According to the Labor Code, leave is divided into two types:
Basic leave – paid days of rest granted to all employees;
Additional leave – provided only in cases specified by Articles 115, 116, and 117 of the Labor Code.
Article 120 of the Labor Code guarantees employees with veteran status annual leave of no less than 46 calendar days. Although the term “basic leave” is not explicitly used in this article, these days are not included in the list of additional leaves under Articles 115, 116, and 117. In fact, those articles explicitly exclude Article 120. Therefore, the 46 days granted to war participants constitute extended basic leave.
According to Article 144 of the Labor Code, upon termination of an employment contract, monetary compensation must be paid for unused basic leave days. The Code specifies that compensation is not paid only for additional leaves under Articles 115 and 116. However, leave granted under Article 120 does not fall under this exception. For this reason, upon termination, any unused portion of the 46-day veteran leave must be compensated as part of basic leave entitlement.
Example: An employee who is a war participant has been awarded a state medal. Upon recruitment, the employment contract specifies 46 days of basic leave. If the employee submits a resignation letter, the employer must pay compensation for any unused days out of these 46 calendar days.
If, on the other hand, the employee was entitled to 30 days of basic leave plus 2 additional days for length of service, then compensation would be paid only for the unused portion of the 30 days.
One of the most important points is that in employment contracts for veterans, the 46-day leave is explicitly stated as basic leave. Failure to compensate these days upon termination constitutes a violation of the employment contract. Court practice shows that in such cases, claims are usually resolved in favor of the employee.