In terms of granting labor leave during a state of emergency

The labor Inspectorate of the Almaty region, in connection with the increased number of requests from civil servants on the issue of the legality of granting annual labor leave and leave without pay during the state of emergency, reports the following.

For the period of the emergency State Commission on maintenance of a mode of state of emergency under the President of Kazakhstan and the Ministry of labour and social protection of population of Kazakhstan adopted a number of measures, including temporary restrictions on the activities of individual organizations.

Given that the stable functioning and development of the state as a whole depends on the activities of state bodies, the activities of state bodies are not suspended.

At the same time, the heads of state bodies, in order to prevent the spread of viral infection, are taking a number of measures, including the maximum reduction in the number of employees engaged in work during the state of emergency. We consider these measures justified and necessary in connection with the current situation in the country.

At the same time, regardless of the state of emergency, we remind you of the need to comply with legal requirements and make any decisions within the legal framework.

In particular, we consider that it is not lawful to be released from work during a state of emergency by providing mandatory (compulsory) annual leave or leave without pay.

According to article 93 of the Labor Code, the order of granting paid annual labor leave to employees is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of employees.

In case of changes in the vacation schedule due to industrial necessity, the employer must notify the employee of this at least two weeks before the start of the labor leave.

Thus, providing all employees with mandatory annual leave or leave without pay for reasons of emergency is not allowed.

If the head of a state body decides to temporarily release certain employees from work in connection with an emergency, this decision must be made in the form of downtime, while maintaining the minimum wage in accordance with article 112 of the Labor Code.

At the same time, for the period of downtime, employees are entitled to use annual labor leave in accordance with the vacation schedule, or outside the vacation schedule by agreement of the parties.

According to article 54 of the Law of the Republic of Kazakhstan" on civil service of the Republic of Kazakhstan", paid annual leave for civil servants for the first and subsequent years of work is provided by agreement of the parties at any time of the working year.

Therefore, an employee does not have to complete one full working year in order to be entitled to take a leave of absence. In agreement with the employer, the employee can be granted a work leave even after several months of work.