Оплачиваемый Отпуск/Ежегодный Отпуск
According to the Labour Code, there are two types of annual labour paid leave: basic and additional. Paid annual leave is intended for the employee to rest, restore his working capacity, strengthen his health and fulfil other personal needs. It is granted with retention of job and average earnings. Vacations are formalized by the act of the employer/internal rules of the organization.
The length of basic paid annual leave is 24 calendar days unless a longer vacation period is established by special laws, employment contracts, collective agreements and acts of the employer. For example, PhD has right to get 56 calendar days of the annual basic paid leave. The additional paid annual leave is granted to employees engaged in heavy work, work under harmful and hazardous working conditions and employees with disabilities (group I & II) with a duration of at least six calendar days. For other categories of workers, provision of additional paid annual leave and its minimum duration are established under the relevant laws. Employment contracts or collective agreements may provide annual leave as an incentive for long and continuous service, performance of important, complex and urgent work as well as work of other nature. The duration of paid annual leave is calculated in calendar days, excluding public holidays. In calculating the total duration of paid annual leave, additional and basic leave components are added.
The right to get annual leave connects with the length of service. For the purpose to get this leave it includes:
- actual working time;
- time of job retention without actual working;
- temporary disability, pregnancy;
- time, when the employee actually did not work before reinstatement.
The paid annual leave for the first and next years of service may be given at any time of the year, in accordance with the vacation schedule (taking into account the views of workers) and parties’ agreement. If there are changes in the vacation schedule, the employer will notify workers no later than two weeks before its beginning. Working year is twelve calendar months, calculated from the first day at work of the employee.
In the situation of combining jobs, the paid annual leave is granted at the same time with the leave from the main job. If the duration of annual paid leave at the second place of work is less than its length for the main work, the employer at the request of the employee may give him leave without pay.
By agreement between the employee and the employer, paid annual leave may be divided into parts. In this case, one of the parts shall be at least two calendar weeks. Postponement or recall from the annual paid leave are allowed by the act of the employer.
Payment for annual leave is made not later than three working days before it.
It is prohibited not to grant annual paid leave for two years in a row. Postponement of the annual paid leave is permitted in the following cases:
- temporary disability;
- maternity leave.
The annual paid leave may be interrupted by the employer only with the written consent of the employee. The remaining part of the paid annual leave is available for the current or the next working year. In this case, by the agreement between the employee and the employer, compensation may be paid instead of getting unused part of the vacation. It is not allowed to recall from the annual paid leave minors (under 18), pregnant women and workers in heavy, harmful and/or dangerous work.
In the event of fixed term contract, paid annual leave may be granted before its expiry or in such a way that the termination day of employment contract is the last day of paid annual leave. On termination of an employment contract, the worker receives financial compensation for the unused days of annual paid leave.
Sources: §87-96 of the Labour Code; §13 of the Law of the Republic of Kazakhstan ‘About science’ 18.02.2011 № 407-IV
Оплата Нерабочих Праздничных Дней
The national and public holidays in the Republic of Kazakhstan are recognized as nonworking days:
December 16 - 17 - National Day of the Republic of Kazakhstan Independence;
January 1 - 2 - New Year;
March 8 - International Women's Day;
March 21 - 23 - Nauryz;
May 1 - Holiday of the unity of Kazakh nation;
May 7 - Day of Defender of the Fatherland;
May 9 - Victory Day;
July 6 - Day of Capital;
August 30 - Day of the Constitution of the Republic of Kazakhstan;
December 1 - Day of the First President of the Republic of Kazakhstan.
Kurban Bayram (first day) and Christmas (January 7) are also holidays.
Every hour of work at the weekend or public holiday is paid at a higher rate, according to the conditions of the employment contract, the collective agreement, the act of the employer/internal rules of employer, but not less than 150% of the normal hourly or daily rate.
Sources: §84-86, 109 of the Labour Code; §1-3, 5 of the Law of the Republic of Kazakhstan ‘About holidays in the Republic of Kazakhstan’ 13.12.2001 № 267-II
In a five-day working week, employees are provided two days a week as days-off while in a six-day working week, there is provision for one day-off. A common holiday is Sunday. The second day of rest at five-day working week is set by collective agreement or internal regulations.
Weekends at organisations, where suspensions in work are not possible, are available on different days of the week alternately to each group of employees. An employee on a business trip gets the days-off in accordance with the internal regulations of the employer, to whom it is directed.
The duration of the lunch break must not be less than 30 minutes. There are special breaks for warm/cooling and rest during working outdoors, in enclosed unheated rooms, etc. There are technological breaks during working day. The minimum length of the daily rest period is 12 hours.
Sources: §81-84 of the Labour Code