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Employees can be sent on leave without submitting a written request
Employees can be sent on leave without submitting a written request
Starting next year, employees may be sent on leave without submitting a written request. This provision is reflected in the proposed amendments to the Labor Code. Expert Anar Bayramov noted that the draft includes significant changes regarding annual leave in the Labor Code.
Certain conditions will be required for sending an employee on leave without their request: “According to Part I of Article 138 of the Labor Code (‘Formalization and record-keeping of leave’), all types of leave are formalized by the employer’s order (instruction, decision) based on the employee’s written request (either on paper or via an electronic information system). Under the current requirements of the article, an employee must submit a request in order to exercise their right to annual leave.
The proposed amendment envisages the inclusion in the Labor Code of the possibility of sending an employee on annual leave without their request. According to the proposed Part 2-1 to be added to Article 138, after a written notification is provided by the employer (on paper or via an electronic information system), if the employee does not submit a request to use the annual leave (in full or in part) in accordance with the leave rotation schedule and the rules for deferring leave to another time, the employer may send the employee on annual leave for the relevant work year by order (instruction, decision).
The economist further added that, for the employer to apply Part 2-1 of Article 138 of the Labor Code, the following conditions must exist simultaneously:
- Preparation of the annual leave rotation schedule by the employer;
- Absence of grounds for deferring the employee’s annual leave to another time;
- Written notification to the employee about the leave rotation schedule by the employer (on paper or via an electronic information system);
- The employee does not submit a request to use the leave after receiving the notification.
When these four conditions are met, the proposed amendment to the Labor Code grants the employer the right to send the employee on annual leave for the relevant work year by order (instruction, decision) without the employee’s request.
Starting next year, employees may be sent on leave without submitting a written request. This provision is reflected in the proposed amendments to the Labor Code. Expert Anar Bayramov noted that the draft includes significant changes regarding annual leave in the Labor Code.
Certain conditions will be required for sending an employee on leave without their request: “According to Part I of Article 138 of the Labor Code (‘Formalization and record-keeping of leave’), all types of leave are formalized by the employer’s order (instruction, decision) based on the employee’s written request (either on paper or via an electronic information system). Under the current requirements of the article, an employee must submit a request in order to exercise their right to annual leave.
The proposed amendment envisages the inclusion in the Labor Code of the possibility of sending an employee on annual leave without their request. According to the proposed Part 2-1 to be added to Article 138, after a written notification is provided by the employer (on paper or via an electronic information system), if the employee does not submit a request to use the annual leave (in full or in part) in accordance with the leave rotation schedule and the rules for deferring leave to another time, the employer may send the employee on annual leave for the relevant work year by order (instruction, decision).
The economist further added that, for the employer to apply Part 2-1 of Article 138 of the Labor Code, the following conditions must exist simultaneously:
- Preparation of the annual leave rotation schedule by the employer;
- Absence of grounds for deferring the employee’s annual leave to another time;
- Written notification to the employee about the leave rotation schedule by the employer (on paper or via an electronic information system);
- The employee does not submit a request to use the leave after receiving the notification.
When these four conditions are met, the proposed amendment to the Labor Code grants the employer the right to send the employee on annual leave for the relevant work year by order (instruction, decision) without the employee’s request.