Types and nuances of vacations in Turkmenistan — full review
16.04.2023 | 16:21 |Every working citizen of Turkmenistan has the right to leave. According to the Labor Code of Turkmenistan, there are four basic types of vacations in the country:
— annual basic leave,
— additional paid leave,
— social leave,
— leave without pay.
ORIENT presents a complete overview of the rights of citizens of the country to such a basic need as vacation, based on the labor legislation of Turkmenistan.
Annual basic leave
Annual basic leave is guaranteed to all working citizens of Turkmenistan. The employee must notify the employer about going on vacation no later than 15 days in advance. The right is enjoyed by employees whose experience is at least 11 months from the date of official employment.
An employee who was employed less than 11 months ago enjoys the right to go on vacation:
— due to pregnancy,
— due to disability,
— an employee dismissed from a previous job due to staff reduction or termination of the activities of a previous employer,
— an employee transferred from another place of work,
— part-time employee.
The term of annual paid leave for all working citizens is set:
— 30 calendar days — for all employees of the country,
— 45 calendar days — for teachers, heads of educational institutions, doctors of sciences,
— 36 calendar days — for researchers with a PhD degree.
Not all employees are given the right to choose to leave at their chosen time. The guaranteed right is enjoyed by:
— women with 2 or more children under the age of 14,
— women with a disabled child under the age of 16,
— a single parent or guardian with 1 or more children under the age of 14, or a disabled child under the age of 16,
— wives of conscripted servicemen with 1 child,
— disabled,
— persons who have adopted a child under 3 years of age,
— persons affected by the radiation disaster.
With the consent of the employee, the employer can postpone the employee's vacation, but not for more than 2 years. Postponement and extension of leave may be allowed in cases where:
— the annual basic leave coincides with the leave in connection with training or additional leave,
— an employee performs state duties, including in elected bodies,
— the annual basic leave coincides with the days of temporary disability.
Additional vacation
The period of additional leave is:
— 7 days — for workers with harmful working conditions, operating technological transport, involved in the extraction of non-metallic materials, in hot industries,
— 15 days — for workers with particularly difficult working conditions,
— up to 7 days — operating air transport, having a certificate of the dispatcher,
— up to 15 days — employees, flight and flight test personnel,
— 10 days — parents of newlyweds, newlyweds (of which 5 days can be provided before marriage registration, and 5 after),
— 10 days — close relatives of the deceased (parents, children, grandparents, on both sides, grandchildren, siblings, daughters-in-law and sons-in-law),
— 3 days — citizens of Turkmenistan who have turned 62 years old.
Additional leave cannot be rescheduled. Non-working and festive memorable dates that fall during the period of additional leave are not included in its days and are not paid.
Social leave
Maternity leave is granted for a period of 112 days — 56 before childbirth and the same amount after them. Parental leave is also provided for up to 3 years from the date of birth of the child. He:
— not paid,
— not shared and not transferred,
— can be provided to the father if he actually takes care of the child,
— provided to the guardian,
— may be terminated prematurely, after warning the employer by the employee at least 2 weeks in advance,
— guarantees the receipt of the appropriate allowance.
Employees who successfully study on-the-job at universities in the evening (full-time) and correspondence form for a period of time have the right to go on social leave:
— 20 days — during each test and examination session,
— 30 days — during the state certification, state examinations,
— 30 days — to prepare a graduation project on the recommendation of the university without pay.
For employees studying in secondary professional level institutions:
— 20 days — by correspondence during the session,
— 14 days — in the evening (full-time) form of study during the session,
— 30 days — during the state exams,
A sabbatical with the preservation of the average salary is provided for:
— 3 months — to complete a PhD thesis, writing textbooks, teaching aids,
— 6 months — to complete a doctoral dissertation.
Leave without pay
Such leave is granted to employees at their own request:
— for 10 days 1 time a year — if there are valid reasons,
— more than 10 days — at the expense of days of paid annual leave.
An overstated duration of unpaid leave may be granted on:
— 14 days — to a single parent or guardian of children/a child under 14 years of age,
— 30 days — disabled,
— 15 days — admitted to the university entrance exams,
— 10 days — admitted to the entrance exams to a secondary vocational educational institution,
— the deadline set by the medical institution for a relative to care for a sick family member,
— 30 days — for a working pensioner,
— 30 days — vacation due to downtime at work.
The legislation prohibits the dismissal of an employee during his stay on vacation. Recall from vacation is allowed only with the written consent of the employee, and his unused days are transferred to others at his discretion.
At the request of the employee, leave may be granted upon his dismissal, or he has the right to demand compensation for unused leave.
ORIENT