Examining the period of paid or annual leave of workers in the labor law
Examining the period of paid or annual leave of workers in the labor law : If you are an employee, or you are related to an employee or a worker in your family or among friends, you have definitely heard the labor law by now. One of the important discussions in this law is leave. In the labor law, various holidays are provided. One of the most common and widely used of them is entitlement or annual leave. It is obvious that in addition to useful work and fulfilling the employer’s request, all employees and workers need a few days away from work during the year to reach their personal work or go on a trip. This leave is a suitable response to the needs of respected employees and workers. In fact, this leave is one of the types of leave that is granted to all people who work under the law of the Ministry of Labor.
In general, according to Article 43 of the Constitution, the form, content and hours of work should be such that every person, in addition to working hard, has enough opportunity and power for spiritual, political and social self-improvement. Therefore, in the Labor Law of the Islamic Republic of Iran and the Civil Service Management Law, days are considered as leave for every working person.
Paid or annual leave
First of all, to define this leave, we must say that according to Article 62 of the Labor Law, entitlement or annual leave includes the days in a month that the employee can choose to be absent from his workplace without any deduction from his salary. slow As we mentioned earlier, all the subjects of this law, including workers and employees of the private sector, enjoy it. In this leave, the following are important:
The amount of paid seasonal leave is determined according to the months of work.
The last part of Article 64 of the Labor Law, which says: for work less than one year, the said leave is calculated in proportion to the duration of the work done.
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The duration of paid or annual leave
The use of paid or annual leave depends to some extent on the opinion of the employer. For example, in private and public companies, sometimes some employers force personnel to use vacations. If not used, except for those 9 days, the rest of the leave will be lost. This period is divided into two general categories as follows:
Entitled or annual leave for each worker or employee is calculated at the rate of two and a half days per month. In a year, there are a total of 192 hours and equal to 26 days in a year. People can save 9 of these 26 days and use it in the following year. Or at the end of the year, if they have not used their vacations, they will receive the money from their employer.
Also, the duration of paid leave in difficult and unprofitable jobs is 3 days per month and equal to 5 weeks per year. This leave must be used during the first six months and the second six months of the year. Difficulty and harmful work is determined according to the relevant regulations and according to the decision of the committee specific to this work and how it works in the regulations.
Types of paid or annual leave
After checking the duration of this type of leave, now we want to check its types. There are different types of paid or annual leave. According to the conditions of the employee or worker, the type of this leave is determined. These types are as follows:
Hourly leave: This type is one of the most important and widely used types of paid leave. All working people can leave the workplace for 2 to 6 hours during the day and return to it again with the agreement of their employer. But if the duration of hourly leave exceeds 6 hours per day, it will be considered as daily leave.
Breastfeeding leave: This leave is another kind of entitlement leave for mothers who have babies under 2 years old. In other words, every mother can leave the workplace for half an hour every three hours and breastfeed her baby. It should also be kept in mind that, until the end of the baby’s 2nd year, it is possible for the mother to leave her workplace one hour earlier every day.
Saving paid or annual leave
Sometimes people don’t get a chance to use their leave for various reasons. Or they decide to receive the cost from their employer instead of using their vacations. According to Article 66 of the Labor Law, the worker can save 9 days of his or her annual leave. But the employee or worker should keep in mind that even if he does not use the leave, more than 9 days of it will not be transferred to the next year.
It was mentioned earlier that vacations depend to some extent on the opinion of the employer. Determining agreements with the employer in relation to salaries and vacations can be included in the employment contract of the employee and the workers. As a result, we advise these loved ones to be careful enough in setting up the work contract.
Legal points of paid or annual leave
As it is clear from the name of entitlement or annual leave, this type of leave is one of the main rights of the workforce. In this type of leave, all the worker’s rights must be paid without any deduction from the employer. As mentioned in this article, the duration of paid leave is 2 and a half days for each working month. But if a person works in one of the hard jobs, he is entitled to 3 days of paid leave per month. In this section, in order to summarize and conclude, we present some important rules in this discussion:
According to the labor law, holidays are not considered part of hourly leave. It means that the employer should not deduct them from the annual leave of the people.
If the worker resigns from his position, his reserve vacation pay will be lost.
It is possible to extend the leave period with the agreement of the employer.
If a working person gets sick while on leave, he can refuse sick leave for himself from the beginning of the illness. In other words, by doing this, he keeps his well-deserved leave.
In case of a dispute between the employer and the employee, the opinion of the labor department is used as a criterion for confirming the vacation time of the employees.