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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of May 30, 2005 No. 95

About approval of Rules of application "The list of heavy and dangerous productions, professions and positions, under the terms of work to nature of labor function granting the right to additional vacation", the Cabinet of Ministers of the Azerbaijan Republic approved by the resolution of July 5, 2004 No. 92

The Cabinet of Ministers of the Azerbaijan Republic decides:

1. According to the last paragraph of Item of the first of Article 211 of the Labor code of the Azerbaijan Republic to approve "Rules of application "Of the list of heavy and dangerous productions, professions and positions, under the terms of work to nature of labor function granting the right to additional vacation", the Cabinet of Ministers of the Azerbaijan Republic approved by the resolution of July 5, 2004 (are applied) No. 92.

2. This resolution becomes effective from the date of signing.

 

Prime Minister

Azerbaijan Republic A. RASI-ZADE

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of May 30, 2005 No. 95

Rules of application "The list of heavy and dangerous productions, professions and positions, under the terms of work to nature of labor function granting the right to additional vacation"

1. The additional vacation to workers of harmful and heavy productions, professions and positions is provided based on the resolution of the Cabinet of Ministers of the Azerbaijan Republic "About approval "The list of heavy and dangerous productions, professions and positions, under the terms of work to nature of labor function granting the right to additional vacation" of July 5, 2004 No. 92.

2. The workers and experts occupied in professions and on positions of productions, shops and sites of appropriate sections of the List of heavy and dangerous productions, professions and positions, under the terms of work to nature of labor function granting the right to additional vacation (further - the List), irrespective of economical and industry accessory of these productions, shops and sites, have the right to additional vacation.

The additional vacation is granted to the worker only of professions and positions which are provided in the corresponding productions, shops and sites.

Examples: To workers of foundry production (except color hire) the companies of mechanical engineering, easy, food and other industries the additional vacation is granted according to the subsection "Foundry Production" of the Section "Metal working". To workers of foundry production of non-ferrous metals of the companies of mechanical engineering, easy, food and other industries the additional vacation is granted according to subsection "Processing and conversion of color scrap metal. Furnace charge preparation" Section "Non-ferrous metallurgy".

The additional vacation is granted to workers of woodworking shops irrespective of at what companies of industry they work, according to the list of the productions, shops, professions and positions provided in the Section "Woodworking Production".

3. When specifying in the List of the Sections and subsections providing different types of works (for example, "Welding works", "Paintings" and so forth), the additional vacation is granted irrespective of production, the shop or the site of accomplishment of these works.

4. To workers of the professions and positions specified in the Section "General Professions in All Industries of Economy", the additional vacation is granted irrespective of in what productions, shops and sites they work (if these professions and positions are specially not provided in appropriate sections and subsections of the List).

Example: According to the 107th sequence number of the Section "General Professions in All Industries of Economy" the operator of copy and xerox machines who is directly occupied by the electrographical reproductive ERA-I, ERA-F machines "COPIER" has the right to additional vacation lasting 6 days.

5. To foremen, assistants and improvised workers whose professions are provided in the List the additional vacation is granted to the same duration, as workers of the corresponding professions.

Example: According to the 32nd sequence number of the Section "General Professions in All Industries of Economy" to the loader, constantly busy at handling works of dusty and other toxic freights, the additional vacation lasting 6 days is provided.

Thus, to the foreman of loaders the additional vacation is established on an equal basis with leave of the loader also lasting 6 days.

In view of the fact that to the excavator operator occupied in production and openings of surface of ore according to the 94th sequence number of the subsection "Superficial Works of T Geological Investigation on Operated and Pits Under Construction, Open Crafts, and also Mountain and Trade Mines" of the Section "Trade Works" it is provided additional vacation lasting 6 days, the additional vacation lasting 6 days also shall be granted to the assistant to this driver.

6. The additional vacation provided in the List, as a rule, is provided together with the main labor leave. In the procedure provided by the labor law the additional vacation, as well as labor, at the request of the worker can be provided in parts. Failure to provide to the worker of additional vacation for the period, the exceeding one year, or its postponement for other work year is not allowed.

Example: The worker has the right on 21-day the main leave and 6-day additional vacation for harmful conditions, all to 27-day leave. The worker does not use leave for 2002-2003 work year and this employer breaks part 2 of Article 135 of the Labor code. By provision to the worker of leave for 2003-2004 work year, the leave provided only for this work year shall be used. Not used leave for 2002 - 2003 work year can be used only in case of the termination with the worker of the employment contract according to Article 143 of the Labor code.

If the employment contract of the worker using labor leave for certain work year is stopped before completion of this work year, from the worker's pay according to Item of) parts 2 of Article 175 of the Labor code the corresponding part of average salary for the paid holiday time can be withheld.

7. The additional vacation to workers for harmful and severe conditions of work is provided in proportion actually to worked time during work year on the corresponding production, in shops, sites, by profession or to positions.

This right of the worker to additional vacation appears after its continuous work on this workplace within at least six months. If the worker worked in the production provided in the List, the shop, the site, the profession and position are less than 12 months old in work year, then the additional vacation is granted to it in proportion actually to worked time. In case of provision of the next leave to workers in the advance payment (provision to the worker of labor leave for the first year of work in six months after the beginning of the employment contract, during work year and so forth), constantly busy in production, the shop, the site, profession and position with harmful and severe conditions, the additional vacation is granted for complete term before the expiration of the 12th month.

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