AZE - RE HOLIDAYS, LEAVE AND PAYROLL
Holidays
It shall be noted that with the newly amended legislation some Holidays which are not considered as business (work) days and those that fall on the time of annual leave (vacation), national mourning days and voting days shall no longer be monetarily compensated but the duration of the leave (vacation) is extended by the number of such days. Certain changes to treatment of Eid al-Adha and Ramadan holidays have also been made.
Leaves
According to the newly amended legislation it appears more rights have been given to employer to demand from employee timely use of pre-scheduled vacations days.
More vacation rights have been provided to those employees having two or more simultaneous jobs.
Maternity leave: Under certain circumstances more maternity leave days have been approved provided a medical certificate is available to support such claims.
Foster Care/Social/Additional/Unpaid Leaves: Changes were implemented in vacations entitlements for women who formally adopted children of under two months of age and those raising them without adoption. Based on the new rules, women who have adopted children under two months of age shall be entitled to 56 calendar days of social leave entitlement as if for after birth. Women who are raising children without adoption shall be entitled to additional leave for Women with Children defined in Article 117 of the Labour Code and partially-paid leave defined in Article 127 of the Labour Code. That said, certain other categories of unpaid leaves have been removed from the legislation.
Other changes have been made to the legislation in relation to foster care parenting and their social leaves as well as those employees enjoying various types of seniority status, work conditions, etc.
Paternity leave: Men can now enjoy paid vacation in connection with childbirth. As per the amendments, men are granted a total of 14 calendar days of paid leave before and after childbirth, provided that medical certificate is available.
Payroll
Leave payment: The changes made to the legislation also aim to further regularise and streamline the processes and procedures of wage calculations. Thus, among other changes stand out those applicable to leave calculations, newly employed employees and their leaves, timing of payroll for those taking annual leaves, etc.
Compensation: Some changes have also been made to compensation practices for work performed on weekends, election day, holidays considered non-working days and other non-working days as well as on the day of national mourning (hourly-based and monthly wage system) shall be paid no less than twice the standard daily or hourly salary.
Other amendments are aiming to standardize compensation schedules for those who elected twice-a-month salary payments, whereby an interval between payments shall not exceed sixteen days.
Salary deductions are now being regularized and limited to maximum of 70% for those making alimony payments, payments of compensatory nature such as court ruled salary deductions, etc.
Option for a part time labour has been approved for pregnant women, women with children under the age of 14 or children with disabilities, as well as women providing care to a family member, etc. provided that they receive full compensation despite having worked part time.