Procedure for granting leave.

Labor leave is a period of rest used by an employee at his / her own discretion for normal rest, restoration of working capacity, protection of his / her health, and must be granted not less than the period specified in the Labor Code.

According to Article 131 of the Labor Code, the right of an employee to take leave for the first working year arises after 6 months from the date of conclusion of the employment contract.

An employee may be granted leave for the second and subsequent years at the time agreed with the employer on the basis of an application for leave before the end of the first working year after 6 months of employment.

The following employees have the right to take leave for the first year of work, regardless of the time of concluding the employment contract:

• for women during pregnancy and childbirth – immediately before or after social leave;

• employees under the age of eighteen;

• employees hired before 3 months after discharge from conscription;

• shift workers on leave at the main place of work;

• wife (husband) of a serviceman;

• persons studying in educational institutions – when coursework or exams are given, diploma is defended;

• People with disabilities.

Teachers who are directly involved in the training process, regardless of the time of their employment, are usually given leave during the summer holidays in schools.

Employees with harmful and difficult working conditions shall be granted additional leave in proportion to the time actually worked during the working year in the relevant production, profession or position. The employee’s right to this additional leave arises when he / she has worked at those jobs for at least 6 consecutive months.

Sequence in granting leave

In order to regulate the normal course of production and work, to ensure the proper registration of vacations, rotation schedules may be drawn up for the granting of leave by the end of January each year.

The order of granting leave is approved by the employer after studying the opinion of the trade union organization, or in its absence, the employee.

The following employees may be granted leave at a time convenient to them:

• Women with two or more children under the age of 14 or children with disabilities;

• a parent or guardian raising children under the age of 16 alone;

• to the serviceman’s wife (husband);

• disabled people;

• war veterans;

• Persons who were exposed to radioactive radiation during the liquidation of the Chernobyl accident and suffered from radiation sickness;

• employees under the age of eighteen;

• persons studying while working;

• Employees with special services to the people of Azerbaijan.

Registration and registration of leave

• Granting of all types of leave is formalized by the order (order, decision) of the employer on the basis of the employee’s application. The order (decree, decision) shall indicate the employee’s name, father’s name and surname, position (profession), type and duration of leave, relevant work year, year, month and day when the leave began, ended and ended.

• The leave order (order, decision) is issued at least 5 days before the start of the leave and the employee is acquainted with it.

• The employer is obliged to keep accurate and timely records of leave. Registration of leave shall be made with indication of years of work of employees, types, terms of leave, time of issue and number of relevant order (decree, decision), date.

• Leave is granted through computer programs or simplified clerical work, depending on the employer’s capabilities.

Inadmissibility of non-granting of leave

It is prohibited for an employer not to grant leave to an employee. If an employee does not use his / her leave for any reason during the relevant working year, he / she shall be compensated for the unused leave for that working year (years) in the established order and amount.

Procedure for granting leave.
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