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BLOQ

10.04.2023
358
Law

How many days of vacation does an employee have during the working year?

According to Articles 9 and 110 of the Labour Code, one of the main rights of an employee under an employment contract is to use the basic paid leave and additional leaves - social, unpaid, and educational leaves - not less than the minimum period stipulated by the legislation.

Labor leave is granted not more than once for the respective working year and its duration is calculated by calendar day.

But how is the working year calculated? How long is it?

The working year begins on the day the employee is hired and ends on the same day of the following year. However, an employee can take a leave of absence only after the beginning of the working year.

But if the employee does not take leave in previous years, the right to leave that should be used for that working year is lost?

The employee can use the vacation right that he did not use in the previous year and for the current working year together or separately in that calendar year, or he can receive compensation - an additional amount of money for the vacation right that he did not use.

Article 112 of the Labor Code lists the types of leave. Thus, the legislation distinguishes the following types of work leave:

1. Labour leave consists of annual and additional leaves;
2. Social leave;
3. Educational and creative leave for continuing education and pursuing scientific research;
4. Unpaid leave.

However, it should be emphasized that other types of leave can be provided for in the labour contract or collective agreements in addition to those stipulated in the legislation.

Now, let's discuss in detail the types of work leave that an employee can go on leave for.

The employee has the right to take a minimum of 21 days of basic leave during the working year. However, some employees must be granted 30 days of annual leave. These workers are workers working in the production of agricultural products; civil servants serving in responsible positions; managers and specialists of the enterprise; except for special educational institutions, managers and administrative-teaching staff who do not perform pedagogical work in an educational institution, as well as heads of out-of-school children's institutions; Methodists, headmasters, industrial training masters, instructors, librarians, laboratory assistants, workshop managers, nannies, shift workers, art directors of educational institutions; scientific workers without a scientific degree; are doctors, paramedics and pharmacists.

At the end of the season, employees working in seasonal jobs are given a minimum of two calendar days per working month. That is, let's say you worked in a seasonal job for 3 months, then you will be entitled to a minimum of 6 days of basic leave at the end of the season, with a minimum of 2 days per month.

According to the division in Article 118 of the Labor Code, 42 and 56 days of leave are granted to employees engaged in pedagogical and scientific activities during the summer holidays.

Now let's take a look at the statutory periods for additional vacations.

Employees working in underground works, whose working conditions are harmful and hard, or whose work functions are related to excitement, and mental and physical stress, are given a minimum of 6 days of additional leave, taking into account the working conditions and the characteristics of the work function.

Additional vacations are also given based on the length of service. Thus, 2 days are granted to those with 5-10 years of seniority, 4 days for those with 10-15 days of seniority, and 6 days for those with more than 15 years of seniority. However, employees engaged in pedagogical and scientific activities, who have special services to the people of Azerbaijan, specialists working in the territories freed from the occupation of the Republic of Azerbaijan, employees under the age of eighteen, with disabilities, and employees of theatre-performance and related enterprises are not given additional vacations based on length of service.

According to the legislation, women with two children under the age of 14 are granted 2 days of leave, regardless of the duration of the main and additional leaves, and women with three or more children under the age of 14 or disabled children under the age of 18 are granted 5 days of additional leave.

Specialists working in the territories freed from the occupation of the Republic of Azerbaijan are granted additional leave for 5 calendar days, regardless of the duration of the main and additional leaves.

Workers under the age of 16 are entitled to a minimum of 42 days of leave, and workers between the ages of 16 and 18 are entitled to a minimum of 35 days of leave. Workers with disabilities, regardless of the degree, reason and duration of disability, are given a minimum 42-day work leave.

Also, Artistic directors and actors at theatrical and entertainment establishments, and artistic directors and actors on TV, the radio, and at movie establishments shall be granted 42 calendar days of vacation, and stagehands shall be granted 35 calendar days of base vacation.

To the military personnel who were injured for the sake of the sovereignty and territorial integrity of our country, the Heroes of the Patriotic War of the Republic of Azerbaijan, the National Heroes of Azerbaijan, and the Heroes of the Soviet Union, who participated in military operations in the war of 1941-1945 or were in military service during that period, but did not participate in military operations, employees awarded with the Order of Independence and other similar state awards were granted the right to leave for more than 46 days.

One of the additional leaves is educational leave, which according to Article 124 of the Labor Code can be determined for a period of 20 calendar days to 4 months depending on different circumstances.

One of the most common types of social leave is maternity leave. Women who work during pregnancy and for the postpartum period are granted paid leave for a total of 126 calendar days, including 70 calendar days before childbirth and 56 calendar days after childbirth. If childbirth is difficult, and if two or more children are born, the postpartum leave is granted for 70 calendar days. However, women working in agricultural production are given 140-180 calendar days of leave due to pregnancy and childbirth, depending on the difficulty of the childbirth process.

At the request of employees, a maximum of 14 calendar days for men whose wives are on maternity leave, women with children under the age of 16 or children with disabilities under the age of 18, or single parents, guardians, custodians, employees who are admitted to entrance exams at higher education institutions; a maximum of 1 month for employees with disabilities or doctoral students; Free leave is given to employees for a maximum of 7 days to take entrance exams to secondary specialized educational institutions or to solve family, domestic and other social issues.

It should be noted that both main and additional employees have the right to use the leave.