AZERBAIJAN Law and Practice Contributed by: Farid Nabili, Pari Gasimli and Sona Abdullayeva, Caspian Legal Center
While the legislation does not define a specific bonus such as the 13th-month bonus or performance bonus in a specified rate, it is understood that rewards that can be granted by the decision of the employers to employees who have distinguished themselves in per - forming their labour functions at a high level of profes - sionalism and in compliance with internal disciplinary rules of the enterprise. Such rewards consist of money or valuables as a gift, additional leave, individual addi - tion to the salary, higher personal insurance, the pay - ment of the cost of sanatorium-resort treatment, and tourist trips. Severance Pay When an employment contract is terminated, the employee is paid a severance pay calculated by the employer based on various criteria depending on the grounds for termination. Supplement The legislation establishes additional wages for work performed on rest days, voting days, holidays that are not considered working days, and national mourn - ing days, as well as for work performed overtime. For multi-shift work schedules, additional compensation is established at 20% of the employee’s hourly tariff (position) salary for each hour worked during the even - ing shift, and 40% for each hour worked during the night shift. 1.5 Other Employment Terms According to the Labour Code, there are four types of leave: vacation; social leave; educational and creative leave for continuing education and pursuing scientific research; and unpaid leave. Vacation Vacation consists of annual base vacation for employ - ees and additional base vacation granted depending on the nature of production, working conditions, length of service, and family circumstances. Vacation may be taken either together or separately. Base vacation cannot be less than 20 calendar days and equals 30 calendar days for certain categories of employees, including agricultural workers, medical doctors and pharmacists.
Additional base vacation is granted on the basis of various criteria. • Working conditions and labour function character - istics – Employees engaged in underground work or in hazardous or arduous occupations and those whose occupations involve increased sensitivity, excitement, or mental and physical stress shall be granted an additional base vacation no less than six calendar days. • Length of service – Employees shall be eligible for the following amounts of additional vacation time: (a) seniority of five to ten years – two additional calendar days; (b) seniority of ten to fifteen years – four additional calendar days; and (c) seniority of over fifteen years – six additional calendar days. • Women with children – Regardless of the amount of base and additional vacation time, working women with two children under the age of 14 shall be eligible for two additional calendar days of vacation time; while women with three or more children of this age or with a child with restricted health condition shall be eligible for five additional calendar days of vacation time. Fathers raising their children as single parents and adoptive par - ents will enjoy the same rights. • Specialists working in the liberated territories of the Republic of Azerbaijan – These employees shall be granted additional leave for a period of five calen - dar days. The regulation of overall vacation periods is sophisti - cated, as different professions have varying minimum calendar day requirements established according to occupational categories. • Due to engagement in pedagogical and scientific activities, employees shall be granted either 42 or 56 calendar days depending on their specific divi - sion within these professional activities. • Due to physiological characteristics, employees under the age of 16 shall be granted leave of no less than 42 calendar days, and employees from 16 to 18 years of age shall be granted leave of no less than 35 calendar days. Employees under the age of 18 with working disabilities, including those
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