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As calculated and determined the compensation for unused leave? How to determine the compensation for the withdrawal of employee annual leave?

In accordance with Article 96 of the Labor Code of the Republic of Kazakhstan at the termination of the employment contract to the employee who has not used or not fully used the annual paid leave (annual leave), made compensation payments for unused days of their annual paid leave (annual leave).

Counting the number of unused days of the leave is calculated in proportion to the time worked.

To determine the amount of compensation for unused leave upon termination or termination of the employment contract, unused vacation days are counted from the working day calendar of the five-day or six-day working weeks following the date of dismissal of the employee and the selected working days occurring during this period, taking into account the mode of operation.

Compensation for unused leave is paid at the rate of the average wage.

The calculation of the average wage is based on the Uniform Rules for calculating the average wage, approved by order of the Minister of Health and Social Development of the Republic of Kazakhstan dated November 30, 2015 № 908 "On Approval of the Uniform Rules for calculating the average wage" (hereinafter Rules).

In this case, the compensation payment is made if the employee did not receive the average salary for the days of the unused portion of annual paid leave in connection with the withdrawal.

Thus, if an employee received an average salary, retain them for the days of annual paid leave, the following options:

1) unused part of the leave will be given during the current business year or in the following business year, at any time without payment;

2) the employee returns to the employer the average salary for the days of the unused portion of vacation in the recall, and the employer pays the compensatory payment for the days of the unused portion of vacation or provides any unused part of the leave for the current business year or the next business year, at any time, while maintaining the average wage board.

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