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Azerbaijan.- Law on Leaves
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Azerbaijan

Law on Leaves
Unofficial translation



In order to ensure the legislative base of the right for rest, which is the constitutional right of the citizens of the Azerbaijan Republic, this Law is intended to regulate the rules and procedures of using leaves for provision of people with normal rest, improvement of their efficiency, health care and recreation, up-bringing of children and provision of their physiological needs, as well as implementation of the right of citizens for education.

Apart from determining the minimum duration of leaves of all types in accordance with the Conventions of the International Labour Organization, the Law specifies the authorities of employers together with trade unions and other representative organizations created for protection of labour, social and economical rights of employees (hereinafter named as "trade unions") to enhance the rights of employees for leave in conformity with the provisions specified in the legislation and based on the terms of collective agreements or labour contracts.


Chapter I.- GENERAL PROVISIONS

Article 1. Rights of Citizens for Leave

All the employees being in labour relations with employers in all kinds of offices, enterprises, organizations (hereinafter named as "enterprises") irrespective of the form of property, economical and organizational-legal subordination have the right to use leaves as specified in this Law and independently of position, working schedule, working conditions and duration of the labour contract (agreement).

If any other provision is not specified in the labour contract (agreement), foreign citizens and those without citizenship being in labour relations with employers at the enterprises of the Azerbaijan Republic also enjoy the right for leave.

With the exception of cases specified in the legislation, any restriction of the right of employees for leave is prohibited.

Labour contracts (agreements) intended to restrict the right of employees for leave are considered to be invalid.

Article 2. Legal Guarantees of Employees Enjoying the Right for Leave

Working place and position of employee, as well as the average monthly wage, if specified by the law shall be kept during the time of leave. That period shall be added to the length of working service (including professional service) of the employee.

Provision of material and social privileges for employees being on leave may be envisaged in the collective agreements (treaties).

With the exception of complete liquidation of the enterprise, the employee cannot be dismissed on the will of employer or be inflicted to disciplinary punishment.

Article 3. Types of Leaves

The right of employees for leave is provided by the following types of leaves:

Article 4. Regulation of the Right for Leave of the Different Category Employees

This Law shall be applied to the members of collective farms, farms, co-operatives, as well as creative unions if they pay the social insurance taxes in the procedure established by law. Terms of providing the members of these organizations with right for labour leave can be regulated by the statutes of these organizations.

Provision of servicemen with leaves shall be regulated by the service regulations of the military unit, as well as by the Law of the Azerbaijan Republic "On Statute of Servicemen". They shall be given social leaves in accordance with this Law and other legislative acts of the Azerbaijan Republic.

Temporary and seasonal employees shall be provided with the right for leave through being adequately paid the additional amount of money corresponding to the time worked under the contract, once it had been terminated.

Those combining jobs have the right to get a paid leave on the additional job at the time of getting leave on the principal one.


Chapter II.- LABOUR LEAVE

Article 5. Concept of Labour Leave

Labour leave is the time of rest, i.e. temporary stop of working activities used at the own will of employee being in labour relations with employer and in accordance with the character of labour and job for normal rest, recreation of efficiency, health care and improvement.

Labour leave is provided annually for the adequate working year. Working year starts on the day of employee’s employment and ends on the same day of the next year.

Labour leave consists of the annual main leave given to employees, which perform their labour duties in accordance with their position, profession, specialty, and additional leave given depending on the character of job and labour, and may be provided both together and separately.

Article 6. Main Leave and its Duration

Main leave is that, the minimum duration of which is determined by this Law in the labour contract (agreement) of the employee in accordance with his position, profession and specialty.

Irrespective of the type of property all the employees of enterprises shall be provided with a minimum of 21 calendar days as a main leave.

Depending on the length of working service main leaves shall be extended as specified in the article 12 of this Law.

The following employees shall be given the main leave with duration of 30 calendar days:

The list of employees given in the second paragraph of the fourth part of this article shall be approved by the Cabinet of Ministers of the Azerbaijan Republic.

Employees working under conditions of incomplete working time (working day or working week) shall be provided without any restrictions with the labour leave adequately to the period of work and in accordance with the duties performed or position occupied.

The duration of the main leave for office employees shall be determined by the legislative act regulating the status of the office employees.

Article 7. Labour Leaves of People Dealing with Pedagogical and Scientific Activity

The following employees dealing with pedagogical and scientific activity are provided with labour leaves for the period specified in this article:

Article 8. Regulation of Leaves for some Categories of Theatres and other Establishments' Employees

Duration of leaves for the artistic and manager personnel of theatres, those directly serving for the theatrical stage; artistic and manager personnel engaged in television, radio and cinematography spheres; as well as employees of the state enterprises and joint ventures of the Azerbaijan Republic working abroad shall be determined by the Cabinet of Ministers of the Azerbaijan Republic.

Article 9. Main Leaves provided According to the Physiological Characteristics of Employees and their Duration

Employees under 16 years shall be provided with 42 calendar days of main leave, and those at the age of 16 to 18 years shall be provided with 36 days of leave.

Irrespective of the group, cause, and time of disablement (with the exception of people, who became disabled as a result of participation in the liquidation of consequences of the accident at Chernobyl Nuclear Power Station) duration of main leaves for all the working disabled persons shall be no less than 42 calendar days.

Article 10. Leaves of Persons Who Have Rendered Special Services for the Azerbaijan People

Duration of leaves for the persons, who have suffered for the freedom, sovereignty, and territorial integrity of the Azerbaijan Republic, including Azerbaijan National Heroes, Heroes of the Soviet Union and those awarded with the "Istiglaliyat" order shall be no less than 42 calendar days.

Article 11. Additional Leaves According to the Character and Conditions of Work

People engaged in underground works and those working in hazardous and hard conditions shall be provided with additional leaves apart from main ones on the purpose of their health protection.

The list of jobs with hazardous and hard working conditions, professions and positions given the right for additional leave, together with the indication of the minimum duration of these leaves shall be approved by the Cabinet of Ministers of the Azerbaijan Republic.

Employees with hazardous and hard working conditions shall be given the additional leave in correspondence with the actual time worked during the year at the adequate production, job, profession or position. The employee enjoys the right for full-term additional leave after having continuously worked on the same job for at least six months.

Employees, working activities of which are associated with high sensitivity, mental and physical intensity, and other factors, which negatively influence on human health shall be provided with additional leaves due to special character of the job.

Minimum duration of the additional leave due to special character of job, types of jobs and categories of employees shall be determined according to the list approved by the Cabinet of Ministers of the Azerabaijan Republic.

Provision of additional leave with duration more than that specified in the legislation through collective agreement (treaty) for employees engaged in the jobs mentioned in this article can be envisaged. Such an additional leave can also be determined by the labour contract (agreement) at the time of employing a person.

Article 12. Additional Leaves Provided Due to the Length of Service and for Mothers of Many Children

Depending on the length of service additional leaves shall be given to:

In order to determine the duration of the additional leave due to the length of service the total length of service shall be defined in the order established for granting of pensions.

Irrespective of the duration of main and additional leaves, working women with two children under 14 shall be provided with 3 calendar days, and those with three or more children at this age, as well as women with disabled child under 16 shall be provided with 6 calendar days of additional leave.

The right for additional leave given in the third item of this article shall also be referred to fathers bringing up children alone, as well as to those adopted children.


Chapter III.- PROCEDURES OF IMPLEMENTING THE RIGHT FOR LABOUR LEAVE

Article 13. Procedure of labour Leave Provision

The right of employee for labour leave for the first working year appears to be at the expire of six months from the time of signing the labour contract (agreement) with employer.

Having worked for six months at the enterprise and before the end of the first working year the employee shall be given a leave at his (her) own will in the time suitable for him (her).

On the second and following years of employment, leaves can be provided corresponding to the turn of leaves in the adequate time of the working year.

The following persons enjoy the right for leaves in the first part of the working year irrespective of the time of employment:

Pedagogical workers engaged directly in the educational process shall be given leaves during summer holidays irrespective of the time of employment.

Article 14. Periods Considered and Not Considered in the Calculation of the Length of Service Giving the Right for Leave

In addition to the actual period worked, the following periods shall be included to the employee’s length of service, which gives him (her) the right for leave:

Periods of partly paid social leaves for looking after children, unpaid leaves with duration of more than one month, as well as period of reformatory works of persons convicted without imprisonment shall not be included to the length of service giving right for leave.

Article 15. Order of Priority in Provision of Labour Leaves

Labour leaves for employees shall be provided in the established order of priority, so that not to cause obstacles to the normal rhythm of production and work and properly carry out book-keeping of the leaves.

The order of priority of leaves shall be approved each year by the employer with consideration of the opinion of the primary trade union organization before the end of January.

Leaves shall be provided at time determined by the order approved.

Only in the cases stipulated in the article 16 of this Law delivery of leave can be postponed to a different time. In this case adequate changes being grounded shall be done in the order of leaves provision.

The following employees shall be provided with leave on their own will and in the time suitable for them:

Article 16. Conditions and Procedures of Postponing Leaves to Another Time

The time of the leave envisaged in the order of labour leaves provision can be postponed to another time in the substantiated manner on the initiative of both employer and employee only in the cases specified in this article.

Postponing of leaves to another time shall imply, shift of the leave time envisaged in the order of leaves from one month to another within the current year; shift from the current working year to the following one, as well as to the following calendar year.

The leave can be shifted to another time by the initiative of the employee in the following cases:

If provision of employee with leave in the time envisaged in the order of leaves may cause obstacles to the normal rhythm of work, the time of leave may be shifted by the initiative of employer. In this case the employer shall obtain the approval of the employee and primary organization of the trade union.

The primary organization of the trade union can reject the shift of leave by a substantiated resolution.

Shift of the leave to another time shall be legalized by substantiated order (decree or resolution) of the employer, and the employee shall get acquainted with it through signing. Reasons of shifting the leave to another time and period provided in the future shall be indicated in the order (decree, resolution).

On the mutual agreement of the parties unused part of the leave can be added to the leave provided for the following working year.

Article 17. Cases, When Failure to Provide Leaves and Their Shift to Another to Another Time are Prohibited

Subsequent failure to provide leaves during two years is prohibited.

Failure to provide employees under 18 or those having right for additional leave due to their working in hazardous, dangerous and hard conditions with leaves annually or shift leaves to the next year are prohibited.

Article 18. Procedure of Summarizing the Main and Additional Leaves

Summarizing main (article 6 of this Law) and additional (articles 11 and 12 of this Law) leaves can be provided together or separately, depending on the will of the employee.

If the employee has the right for two or more additional leaves as stipulated in the article 11 of this Law, an additional leave with longer duration is added to his (her) main leave.

Article 19. Division of Leaves into Parts and Procedure of Recall from the Leave

Labour leave can be divided into several parts and given partly provided that one of the parts of the leave be no less than 14 calendar days.

In the extraordinary situations, i.e. in the necessity of immediate works on liquidation of the consequences of accident at the enterprise, or undertaking of urgent measures for normal on-going of work, the employee being on leave can be recalled only on his (her) own agreement. Recall from the leave shall be legalized by the order (decree, resolution) in the procedure specified in the article 20 of this Law.

Employee being recalled from the leave shall be paid salary from the day of his (her) starting to work, and money due for unused days of the leave shall be retained. When the unused days of the leave are given in the future at the established time leave money shall be paid again as specified in the article 27 of this Law.

Article 20. Legalization of Leaves Provision and Their Book-keeping

Provision of labour, social and unpaid leaves shall be legalized by the order (decree, resolution) of the employer. First name, second name and surname of the employee, his (her) position, type, duration of the leave, adequate working year, starting and expire day, month and year of the leave shall be indicated in the order (decree, resolution) on delivery of leave.

Order (decree, resolution) on the delivery of leave shall be issued for at least ten days in advance to the start of the leave, and employee shall read and sign it.

The sequence of leave delivery established at the enterprise and legislative acts regulating the right for leave, as well as local acts (labour contract, collective agreement, treaty) shall be guided when issuing the order (decree, resolution).

If employee refuses for some reason to use the leave in the time determined according to the sequence of leaves as specified in the article 15 of this Law, then an appropriate order (decree, resolution) shall be issued on the base of substantiated statement of the employee

The order (decree, resolution) on refusal from leave being contrary to the will of employee shall be considered as invalid.

A strict accounting of leave delivery shall be done at the enterprise. Accounting of leaves shall be done in the form approved by the State Committee on Statistics of the Azerbaijan Republic in the cards of individual accounting of employees. All the notes on different type leaves delivered to the employees shall be reflected in these cards.

Employer is obliged to accurately and timely do accounting of the leaves.


Chapter IV.- SOCIAL LEAVES

Article 21. Right for Use of Social Leaves

Employees enjoy the right for social leaves in order to implement their maternal right, bring up healthy children, be educated and through doing scientific creative work improve the education level.

Article 22. Social Leaves Due to Pregnancy and Childbirth

Working women are provided with 126 calendar days of paid maternity leave for the period of pregnancy (70 calendar days) and period after childbirth (56 calendar days). If the birth was difficult, or two and more children were born the leave shall be delivered for the period of 70 calendar days.

Maternity leaves for women engaged in the agricultural works shall be delivered for the following periods:

Irrespective of the actually used number of leave days delivered before the childbirth, leave money shall be paid at the expense of the State Social Protection Fund.

People adopted children or up-bringing children without adoption have the right to use a 56-day leave intended for the post-birth period, as well as leaves stipulated in articles 12 and 23 of this Law.

Procedures of accounting and payment of allowances during social leave due to pregnancy and childbirth shall be regulated by the appropriate legislation.

Article 23. Right for Partly Paid Leave

At all enterprises irrespective of the type of property any of the parents looking after the children or another member of the family have the right for partly paid leave until the children reach the age of three years.

During the time of this leave the person looking after the children shall get allowances equal to two parts of the minimum wages determined by the legislation of the Republic until each child reaches the age of a year and a half, and one part of minimum wages in the period from that age to that of three years.

Article 24. Creative Leaves and Their Duration

Employees continuing their education in magistrate (post-graduate courses) and doctorate to obtain an adequate scientific degree with parallel being in labour relations with employer, shall be given creative leaves for finishing dissertation, as well as authors shall be given leaves for writing manuals and textbooks.

A paid creative leave for finishing the candidate (holder of master’s degree) dissertation shall be provided for the period of three calendar months, and for finishing the doctor dissertation shall be provided for that of six calendar months. These creative leaves are used by the employee on the base of certificate given in accordance with resolution of the specialized scientific council. The exact duration of the leave is determined by the decree of the scientific council.

People writing manuals and textbooks can be provided with paid creative leave for the period up to three months by the resolution of the Ministry of Health of the Azerbaijan Republic or appropriate state administrative organ. This leave shall be given by the resolution of the appropriate state administrative organ on the base of the special certificate. The exact period of the leave shall be indicated in the certificate.

Article 25. Paid Leaves Delivered in Accordance with Obtaining Education

Employees studying without discontinuing work shall be provided with the following paid leaves:

Students successfully studying in the evening departments of high schools shall be annually given leaves at the time of carrying out laboratory work, passing tests and examinations for the period of 20 calendar days on the first and second years, and 30 calendar days on the third and higher years of education. Students successfully studying in the evening departments of secondary professional-technical schools shall be annually given leaves at the time of carrying out laboratory work, passing tests and examinations for the period of 10 calendar days on the first and second years, and 20 calendar days on the third and higher years of education.

Students successfully studying in postal tuition departments of high and secondary professional schools shall be annually given leaves at the time of carrying out laboratory work, passing tests and examinations for the period of 30 calendar days on the first and second years, and 40 calendar days on the third and higher years of education.

Students studying in the evening and post tuition departments of the high and secondary professional schools shall be given leaves for the period of state examinations with duration of 30 calendar days.

In the period of preparation and defense of the diploma thesis (work), students of the evening and post tuition departments of the high schools shall be provided with up to 4 calendar months of leave, and students of the evening and post tuition departments of secondary professional schools shall be provided with up to 2 calendar months of leave.

Employees successfully studying in the secondary professional schools without discontinuing work shall be given 34 calendar days of leave for preparation and passing of examinations.

Employees studying in the evening classes post tuition groups of secondary schools without discontinuing work shall be provided with 20 calendar days of leave for passing examinations in the 11th leaver’s form, with 8 calendar days in the 9th form.

The leaves can be used irrespective of the length of service on the enterprise and organization, in the periods envisaged in the educational program, and on the base of the certificate issued by the educational establishment.

Employees passing the entrance exams to the magistrate (post graduate courses) or doctorate shall be provided with 31 calendar days of paid leave.

Employees studying in the magistrate (post graduate courses) or doctorate without discontinuing work have the right for annual paid leave for the period of 31-calendar days.


Chapter V.- PAYMENT OF WAGES DURING LEAVES

Article 26. Types of Wages Taken Into Consideration During the Payment of Leave Money

When calculating the average wages paid for the period of leave all the types of wages, which are subject to taxation of social insurance deduction, including wages on inner substitution shall be considered with the exception of once-only payments, which are not included to the payment system being in force.

The large list of payments, which is considered and not considered during the calculation of average wages for the period of leave, as well as procedure of indexation in the necessary cases of average wages for the period of leave shall be prepared and approved by the Ministry of Labour and Social Protection of the Population.

Article 27. Procedure of Calculation and Payment of the Average Wages for the Period of Leave

The average wage paid for the period of leave shall be determined on the base of the average wages of twelve calendar months preceding to the leave, irrespective of the working year the leave is delivered for.

Average wages of persons, who want go on leave having worked at the enterprise, office, organization for less than 12 calendar months, shall be calculated on the base of actually worked full calendar months.

In order to define the day rate for the leave period the sum amount of wages during 12 calendar months preceding to the time of leave shall be divided by 12 to obtain an average monthly rate, and dividing this number by the average annual number of calendar days of the month i.e. 30.4, one day rate is obtained. The amount of one day wages shall be multiplied by the number of calendar days of the leave.

The Procedure of calculation of wages for payment of leave money shall also be applied when compensating the money for unused leaves at the time of dismissal.

Average wages for the time of leave shall be paid no later than three day before the start of the leave.

If the average wages for the period of leave are paid after the start of leave, then the time of the leave shall be considered starting from the actual day of payment.

Wages calculated for the period of leave shall be indexed according to the procedure established by the legislation.

Article 28. Sources of Means for Compensation of Average Wages for the Period of Leave

At enterprises and organizations financed from the budget leave money shall be paid from the means envisaged for payment of wages in the cost estimate of the expenses of these enterprises and organizations. At the self-financing, private enterprises and public organizations (unions) and other establishments leave money shall be paid at the expense of means envisaged for compensation of wages.


Chapter Vl.- UNPAID LEAVES

Article 29. Right to Use the Unpaid Leaves

The employee has the right to use the unpaid leaves in the cases of absence from the work due to the necessity to immediately solve some domestic problems connected with fulfillment of ones duties of relative, study, carrying out of creative scientific work, as well as due to age, physiological qualities and other valid reasons.

Article 30. Types of Unpaid Leaves and Their Duration

Unpaid leaves shall be delivered in the cases stipulated in the legislation according to the will of the employee and with the agreement of both parties.

The unpaid leaves shall be provided according to the will of employee in the following cases:

Employees can be given unpaid leaves on the base of mutual agreement of the employer and employee, as well as in the cases stipulated in the collective agreement (treaty), including the terms specified in the labour contract (agreement) for the period determined according to the agreement of the parties.


Chapter VII.- PROCEDURE OF REGULATING THE RIGHT FOR LEAVE WHEN TERMINATING LABOUR RELATIONS

Article 31. Implementation of the Right for Leave When Terminating Labour Relations

When terminating labour contract with the employee, who has not used the leave for the adequate working year (years) the employee shall be given leave for the adequate working year (years) on his (her) own will (except for the cases, when the employee is dismissed on the employer’s will for some misdemeanor), and the last day of the leave shall be considered as that of contract termination.

This procedure can also be referred to the cases of terminating labour relations due to the expire of duration of the temporary labour contract (agreement), if any other terms are not stipulated in it. In this case the duration of the labour contract (agreement) shall be considered as extended till the end of the leave.

If the employee refuses to use the leave according to the cases and procedure provided in this article, then he (she) shall be paid the monetary compensation of the unused leave in accordance with terms and procedure specified in the article 32 of this Law.

Article 32. Payment of Monetary Compensation on the Unused Leaves

Monetary compensation of leaves for employees being in labour relations is prohibited.

If the employee has not informed about the dismissal with the use of leave as specified in the article 31 of this Law, with the exception of the case of dismissal for some misdemeanor he (she) shall be paid monetary compensation of unused leaves, irrespective of the reason and base of contract termination.

Other procedures of paying the monetary compensation for the unused leaves can also be envisaged in the labour contract (agreement).

Social leaves shall not be compensated by money when terminating the labour contracts.

When the labour contract is terminated before the end of the working year, the adequate leave for which has already been used by the employee the adequate part of the paid leave money can be deducted from the employee.


Chapter VIII.- FINAL PROVISIONS

Article 33. Regulation of the Additional Rules of Leaves Provision by the Collective Agreements (Treaties)

Irrespective of the type of property, at enterprises employers together with primary trade union organization can envisage in the collective agreements (treaties) some other types of leaves, extension of their duration, insurance of additional material and other privileges for the employees of different categories or for the whole staff during the leave, all being provided at the expense of the enterprise.

Under existence of factors disturbing the normal operation of the enterprise, such as natural disaster, production accident, and other emergencies immediate elimination of which is impossible, in connection with the stop of production line and operations through no fault of employer’s, employees can be provided with paid and unpaid leaves by groups in accordance with the terms and procedures stipulated in the collective agreements (treaties).

Article 34. Control Over Insurance of the Right for Leave

Control over the insurance of the right for leave shall be implemented by the bodies identified in the legislation of the Azerbaijan Republic.

Article 35. Responsibility for Violation of the Right for Leave

Employers and other authoritative persons restricting the right of employees for leave shall be made adequately answerable in the procedure specified by the legislation.

Article 36. Solution of Disputes Arising During the Implementation of the Right for Leave

Disputes arising during the implementation of the right for leave shall be considered in accordance with the legislation of the Azerbaijan Republic, which regulates the procedure of these disputes solution.


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