While an employee is on leave, their job and position are maintained, and in cases stipulated by the Labor Code, an average salary is also paid to them, provided that it is not less than their last salary.
“Elchi” reports that this was stated in the information provided by the Ministry of Labor and Social Protection of Population.
It was noted that “last salary” refers to the salary determined in the employment contract valid at the time the employee goes on leave.
The average salary paid for vacation time, regardless of which work year it is granted for, is determined based on the average salary of the 12 calendar months preceding the month in which the leave is granted. (If, in the months preceding the month in which the leave is granted, the employee was on partially paid social leave or unpaid leave without their own initiative, or did not work or did not work fully due to downtime reasons without their fault, then those months are replaced by fully worked calendar months from a recent period.)
The average salary for the 12 calendar months preceding the leave is determined by dividing the total amount of salaries for those months by 12.
The daily salary is calculated by dividing the obtained amount by the average annual number of calendar days in a month — 30.4. Subsequently, this amount is multiplied by the number of vacation days.
The amount of vacation pay received at this time is compared with the amount of salary for the working days corresponding to those vacation days.
If the resulting amount is greater than the employee’s last salary, it is paid to the employee as vacation pay; if it is less, it is brought up to the employee’s last salary and paid to them.