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Will labor leave be paid for the weekend of June 17-18?
14:13 / 03.07.2024
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Question
Is paid for the labor leave of teachers established by VMQ-263 for June 17, 2024 (a day off is Monday), June 18 (an additional day off is Tuesday)?
Reply
According to Paragraph 1 of Article 216 of the TC, annual leave is a period of time provided to the employee annually during the working year, during which the employee is dismissed for rest and restoration of working capacity with the preservation of the place of work (position) and average salary.
In addition, according to Paragraph 1 of Article 233 of the TC, the employee is guaranteed the preservation of the average salary calculated in accordance with Article 257 of this Code for the time he is in annual leave.
From the content of the above articles, it is understood that all days of annual labor leave are paid.
Therefore, we have stated above our position on the payment of all days of annual labor leave. The most interesting thing is that there are currently 2 different standards in practice. Some organizations are paying for all days of annual labor leave.
Now let's switch to the "VMQ 263"! According to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated June 26, 2023 No. 263, Sundays and holidays are not taken into account when paying employees listed in these norms for annual extended labor leave.
In fact, it would be correct to call it a non-working holiday, not a holiday. Because there are more than 30 holidays and 9 non-working holidays! For example, July 2 is also a holiday established by law, the day of adoption of the state coat of arms.
Note that it is said that Sundays and holidays are not taken into account in the "VMQ 263." Article 208 of the TC lists 9 non-working holidays. June 18 is an additional day off, not a holiday.
Monday, June 17th? According to Article 208 of the Labor Code, if the day of rest falls on a non-working holiday, the day of rest is transferred to the working day after the holiday. That is, Monday June 17 is Sunday.
In conclusion, June 16 (the first day of the religious holiday Eid al-Adha), Sunday, which moved to Monday, June 17, is not paid. We believe that an additional day off on June 18 is subject to payment!
In addition, according to Article 257 of the Labor Code, additional days off were not taken into account when calculating the average monthly number of working days of 25.3.
That is, 365 (the number of days in 1 year, excluding the високосный год) - 52 (the number of Sundays in 1 year) - 9 (the number of non-working holidays) = 304.
304/12 (the number of months in a year) = 25.3 that is, this number represents the average monthly number of working days. Did you notice that extra days off at 25.3 are not taken into account!
We remind you once again of our position that in fact, all days of annual labor leave must be paid. But, unfortunately, a different rule has been introduced into the legislation. Therefore, there will be no payment for Sunday, which is moved to Monday, June 17. 18 iyun, qo'shimcha dam olish kuni uchun esa haq tölanadi.
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