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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of August 25, 1999 No. 137

About approval of procedure for establishment of the payments considered and not considered when calculating the average salary for the period of leave and procedure for indexation of the average salary for the period of leave

(as of October 19, 2009)

For the purpose of execution of the Presidential decree of the Azerbaijan Republic of April 15, 1999 "About application of the Law of the Azerbaijan Republic "About approval, entry into force of the Labor Code of the Azerbaijan Republic and the questions of legal regulation connected with it" the Cabinet of Ministers of the Azerbaijan Republic decides No. 122:

1. Approve "The wide list of the payments considered and not considered when calculating the average salary for the period of leave" and "Procedure for indexation of the average salary for the period of leave" according to appendices No. 1-2.

2. Based on the relevant law this resolution becomes effective since July 1, 1999.

 

Prime Minister

Azerbaijan Republic A. RASI-ZADE

Appendix No. 1

Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of August 25, 1999, No. 137

The wide list of the payments considered and not considered when calculating the average salary for the period of leave *

The considered payments:

- tariff (official) salary for actually worked time;

- the awards paid at the companies in organizations and the organizations for the operating wages systems, the collective or personal awards provided in the "Regulations on types and rules of remuneration of government employees" approved by the Presidential decree of the Azerbaijan Republic of August 24, 2002 No. 774 **;

- permanent allowances of compensation and incentive nature (for work in harmful working conditions, at night, in the multiple-shift mode, for combination of professions (positions), scientific degree, honorary title, salary (allowance) for office years of service, length of service, the qualification category, execution of powers of the power, special rank and so forth) and additional cash allowance to leading employees of executive bodies of the Azerbaijan Republic and chief executives of the city (area) in connection with compensation of entertainment expenses;

- payment of breaks for feeding of the child;

- additional payments on coefficients in desert, waterless and mountain areas;

- payment of overtime working hours;

- payment of work on the weekend, ballot days, the holidays which are considered as non-working days and days of national mourning;

- payment for production, recognized by scrap (unsuitable) not because of the worker, for idle times, failure to carry out of performance standards, breaks in cold and heat and idle times in work;

- payment of temporary combining jobs;

- in preserving cases the legislation of workplaces and the average salary of workers, payments of difference between the former salary and the salary on new place of employment and preserving the salary on former position (profession);

- payment of the period of induced truancy;

- the average salary kept for labor, educational and sabbatical leave;

- temporary disability, maternity allowance;

- the fees issued to the literary workers who are on the staffs of newspapers, magazines, publishing houses, radio and television, news agencies, their funds of the literary fees, the author's, actor's fees of permanent nature and deliverable remuneration.

Not considered payments:

- all types of additional awards of one-time nature, incentive payments (including awards) issued in connection with anniversary and holidays, birthdays and in other similar cases;

- payments for accomplishment by the worker of the personal errands which are not relating to its obligations;

- monetary compensation for depreciation of tools, labor instruments and other objects;

- different payments issued in the form of financial support;

- the payments issued in connection with business trip, the field expenses, allowances paid to workers whose permanent job is on the way or has character of trip or travel, to workers, directly busy in construction, for work of portable nature, the allowance for performance of work as replaceable method;

- cost free of charge provided to certain workers housing, utilities, fuel, tickets on transport or their compensation;

- cost to the issued workers of working clothes, working footwear and other individual protection equipment, soaps, other detergents, milk and treatment-and-prophylactic food;

- the cost of free food in cases, stipulated by the legislation (the free collective lunches, lunches provided to workers free of charge or on favorable terms by profit of the company);

- the cost of permits to sanatorium treatment and in rest houses;

- payment of expenses on hiring of housing and transportation of property in case of transfer or moving to work to other territory;

- the grants paid by the companies and the organizations to the workers directed to study with separation from production;

- the cash bonuses paid to winners of competitions, reviews and tenders;

- the benefits paid to young specialists for the period of the leave granted upon termination of the highest or average special educational institution at the expense of the companies, organizations, the organizations;

- payments for performance of works for civil agreements;

- compensation for unused labor leave.

Appendix No. 2

Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of August 25, 1999, No. 137

Procedure for indexation of the average salary for the period of leave

The average salary paid for the period of leave provided in the 2nd part of Article 139 of the Labor Code of the Azerbaijan Republic is indexed in the following procedure:

Average monthly salary =

Where 3P1, 3P2: - wages amount of the worker during the separate periods of growth preceding the last mass growth of tariff (official) salaries;

3P - wages amount of the worker in the months following the last mass growth of tariff (official) salaries;

To 1, K2: - the adjustment coefficient received from ratio of tariff (official) salary after the last mass growth to tariff (official) salaries during the former periods of mass growth;

At - the number of the months considered when calculating vacation pay.

In case of indexation of the average salary for the period of leave of the allowance, not established as a percentage (coefficients) to tariff (official) salary, are not indexed.

In case of mass increase in the tariff (official) salaries established by the legislation at the companies financed from the budget, in organizations and the organizations or mass increase in tariff (official) salaries at the self-supporting companies based on conditions of the collective agreement indexation average of the salary is carried out at these companies, organizations and the organizations on the basis of this procedure independently.

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