Türkçe
Русский
Azərbaycan
What is vacation?
Vacation is a set of calendar days granted to an employee for uninterrupted rest and other social purposes, while the workplace is retained. During this period, vacation is calculated and paid in accordance with the law.
Unfortunately, employers often hide employees and do not conclude employment contracts with them. Instead, they may only promise to make an entry in the employment record book or limit themselves to signing a civil law contract (service contract).
It should be taken into account that when an employee enters into employment relations with an employer, the employment contract notification is registered on the electronic government portal. If there is no employment contract, there will also be no entry in the employment record book.
Signing a service contract instead of an employment contract means a violation of your rights, including the loss of your right to paid vacation. In such cases, vacation will not be calculated by the employer and no payment will be made.
Remember!
If you work under an employment contract, your right to annual paid vacation is guaranteed by the Constitution of the Republic of Azerbaijan.
The guarantees and rights established by labor legislation do not apply to civil law contracts.
Therefore, be careful. If your employment contract was not properly formalized at the time of hiring, or was not concluded at all, you have the right to apply to the court or to the labor inspectorate.
Duration of vacation
Depending on work experience and the place of work (such as teaching activities, particularly hazardous jobs, the armed forces, and similar fields), the conditions and duration of vacation may vary significantly. These matters are regulated by the employment contract, the Labor Code, the Constitution, as well as other normative legal acts.
The Labor Code provides for different types of vacation for employees (Article 112):
- labor vacation;
- social vacation;
- educational and creative vacation;
- unpaid vacation.
The calculation of vacation may differ depending on its type. The duration of labor vacation is regulated by Chapter XVII of the Labor Code. The Code defines labor vacation as the total of basic and additional vacation. The minimum duration of paid basic vacation is set at 21 calendar days. Depending on the workplace and the position held, the duration of labor vacation may vary. These periods are regulated by Articles 114 and 118–121 of the Labor Code.
Do you want to avoid mistakes in vacation calculations? The specialists at Accounting.Az can provide you with professional support
When calculating vacation, special attention should also be paid to additional vacations (Articles 115, 116, and 117). For example, Article 116 regulates additional vacations granted to employees based on their length of service. Such additional vacation may last 2, 4, or 6 calendar days and is not covered by Articles 118–121 of the Labor Code.
The duration and procedure for granting creative and educational vacations are explained in Chapter Eighteen of the Labor Code. The duration of creative vacation may range from 30 calendar days up to 3 calendar months. The duration of educational vacation depends on the level of education as well as the form of study (full-time or part-time).
Social vacations are divided into three groups:
- vacation granted for pregnancy and childbirth;
- vacation granted to women who adopt a child;
- partially paid social vacation granted for childcare until the child reaches the age of 3.
Unpaid vacation is granted at the employee’s request. Its scope and duration are broad and are explained in detail in Chapter Twenty of the Labor Code.
