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Compensation for dismissed war veterans — for main or additional leave?
Compensation for dismissed war veterans — for main or additional leave?
According to the provisions of the Labour Code, there are differences in the duration of annual leave for certain categories of employees. For example, teachers are entitled to 56 calendar days, employees with disabilities are entitled to not less than 42 calendar days regardless of the degree, cause, or duration of disability, and employees awarded state honors related to the protection of the sovereignty and territorial integrity of the Republic of Azerbaijan are entitled to not less than 46 calendar days.
But how should compensation for unused leave be calculated upon termination of the employment contract for employees belonging to the latter category?
It should be noted that there are differing opinions on this matter. Article 120 of the Labour Code states that employees who have been wounded (injured, traumatized, concussed) in defense of the freedom, sovereignty, and territorial integrity of the Republic of Azerbaijan; Heroes of the Patriotic War; National Heroes of Azerbaijan; Heroes of the Soviet Union; participants of military operations during the 1941–1945 war; military personnel who served but did not take part in combat operations; and employees awarded the “Istiglal” Order or other state honors related to the protection of the sovereignty and territorial integrity of the Republic of Azerbaijan are entitled to annual leave of not less than 46 calendar days.
Some labor law experts believe that the leave established under this article should be considered the employee’s main annual leave, and therefore, upon termination of employment, compensation should be calculated based on this duration. Others argue that, according to Article 144 of the Labour Code, compensation should be based on the main annual leave of 21 or 30 calendar days, not on the extended leave mentioned above.
Commenting on the issue, expert Nüsrət Khalilov noted that Article 112 of the Labour Code defines the employee’s right to annual leave consisting of main and additional parts:
“Article 144 specifies that regardless of the reason or basis for termination of the employment contract, the employee must be paid monetary compensation for all unused main annual leaves for every year worked, without any conditions or limitations. Depending on the situation, an employee may have several additional leaves; however, the law stipulates that only compensation for main leaves shall be paid upon termination. Additional leaves are provided for in Articles 115, 116, 117, and 118-1 of the Code.”
So, does the leave established under Article 120 qualify as the main annual leave for war participants?
According to Article 114.1 of the Labour Code, the main annual leave is the paid leave of minimum duration determined for the employee’s position (profession) as specified in paragraphs 2 and 3 of the same article:
“Paragraph 2 provides that paid main leave shall not be less than 21 calendar days, while paragraph 3 lists the employees entitled to 30 calendar days of paid main leave. Therefore, the main annual leave can only be 21 or 30 calendar days. A careful review of Articles 118, 119, 120, and 121 shows that the leaves mentioned therein are not defined as main leaves but as additional annual leaves.”
An official position on this issue has also been expressed.
According to the response from the State Labour Inspectorate Service under the Ministry of Labour and Social Protection of Population, upon termination of the employment contract — regardless of reason — the employee must be paid compensation for all unused main annual leaves for each year worked, without any restrictions:
“At the same time, monetary compensation is not paid for additional leaves stipulated in Articles 115 and 116, nor for educational, creative, or social leaves. War veterans, like other employees, have the right to receive compensation for unused leave days upon termination. According to Article 114, the minimum duration of main annual leave is set at 21 or 30 calendar days depending on the employee’s position. Thus, at the time of termination, the employee may, upon request, take leave for the current or previous work year, in which case the termination date is considered the last day of leave. If the employee does not wish to exercise this right, compensation for unused leave days must be paid.”
In conclusion, for employees who have been wounded in defense of the freedom, sovereignty, and territorial integrity of the Republic of Azerbaijan, as well as Heroes of the Patriotic War, National Heroes of Azerbaijan, Heroes of the Soviet Union, participants of the 1941–1945 war, and military personnel awarded the “Istiglal” Order or other state honors for protecting Azerbaijan’s sovereignty and territorial integrity, compensation upon termination must be calculated based on 21 or 30 calendar days of main annual leave.
According to the provisions of the Labour Code, there are differences in the duration of annual leave for certain categories of employees. For example, teachers are entitled to 56 calendar days, employees with disabilities are entitled to not less than 42 calendar days regardless of the degree, cause, or duration of disability, and employees awarded state honors related to the protection of the sovereignty and territorial integrity of the Republic of Azerbaijan are entitled to not less than 46 calendar days.
But how should compensation for unused leave be calculated upon termination of the employment contract for employees belonging to the latter category?
It should be noted that there are differing opinions on this matter. Article 120 of the Labour Code states that employees who have been wounded (injured, traumatized, concussed) in defense of the freedom, sovereignty, and territorial integrity of the Republic of Azerbaijan; Heroes of the Patriotic War; National Heroes of Azerbaijan; Heroes of the Soviet Union; participants of military operations during the 1941–1945 war; military personnel who served but did not take part in combat operations; and employees awarded the “Istiglal” Order or other state honors related to the protection of the sovereignty and territorial integrity of the Republic of Azerbaijan are entitled to annual leave of not less than 46 calendar days.
Some labor law experts believe that the leave established under this article should be considered the employee’s main annual leave, and therefore, upon termination of employment, compensation should be calculated based on this duration. Others argue that, according to Article 144 of the Labour Code, compensation should be based on the main annual leave of 21 or 30 calendar days, not on the extended leave mentioned above.
Commenting on the issue, expert Nüsrət Khalilov noted that Article 112 of the Labour Code defines the employee’s right to annual leave consisting of main and additional parts:
“Article 144 specifies that regardless of the reason or basis for termination of the employment contract, the employee must be paid monetary compensation for all unused main annual leaves for every year worked, without any conditions or limitations. Depending on the situation, an employee may have several additional leaves; however, the law stipulates that only compensation for main leaves shall be paid upon termination. Additional leaves are provided for in Articles 115, 116, 117, and 118-1 of the Code.”
So, does the leave established under Article 120 qualify as the main annual leave for war participants?
According to Article 114.1 of the Labour Code, the main annual leave is the paid leave of minimum duration determined for the employee’s position (profession) as specified in paragraphs 2 and 3 of the same article:
“Paragraph 2 provides that paid main leave shall not be less than 21 calendar days, while paragraph 3 lists the employees entitled to 30 calendar days of paid main leave. Therefore, the main annual leave can only be 21 or 30 calendar days. A careful review of Articles 118, 119, 120, and 121 shows that the leaves mentioned therein are not defined as main leaves but as additional annual leaves.”
An official position on this issue has also been expressed.
According to the response from the State Labour Inspectorate Service under the Ministry of Labour and Social Protection of Population, upon termination of the employment contract — regardless of reason — the employee must be paid compensation for all unused main annual leaves for each year worked, without any restrictions:
“At the same time, monetary compensation is not paid for additional leaves stipulated in Articles 115 and 116, nor for educational, creative, or social leaves. War veterans, like other employees, have the right to receive compensation for unused leave days upon termination. According to Article 114, the minimum duration of main annual leave is set at 21 or 30 calendar days depending on the employee’s position. Thus, at the time of termination, the employee may, upon request, take leave for the current or previous work year, in which case the termination date is considered the last day of leave. If the employee does not wish to exercise this right, compensation for unused leave days must be paid.”
In conclusion, for employees who have been wounded in defense of the freedom, sovereignty, and territorial integrity of the Republic of Azerbaijan, as well as Heroes of the Patriotic War, National Heroes of Azerbaijan, Heroes of the Soviet Union, participants of the 1941–1945 war, and military personnel awarded the “Istiglal” Order or other state honors for protecting Azerbaijan’s sovereignty and territorial integrity, compensation upon termination must be calculated based on 21 or 30 calendar days of main annual leave.