Wages are paid even when work is not provided due to reasons not dependent on the employee.
In this case, average wages must be paid to an employee who is capable of working and ready to do work.
Right to take holidays and receive holiday pay or compensation for unused holiday days upon expiry of employment contract.
Under the conditions provided for in the Employment Contracts Act, an employee has the right to annual holiday, pregnancy and maternity leave, paternity leave, adoptive pa¬rent leave, child care leave, child leave and study leave.
The length of annual holiday in a calendar year is at least 28 calendar days. An employee with partial or no work ability is entitled to at least 35 calendar days of annual holiday. The annual holiday of educational staff is up to 56 calendar days.
The right to refuse to perform work during holiday, illness, etc. An employee is not required to make up for the working time lost for these reasons later.
Example. The employer stipulated in the employment contract informed Jaana of the holiday schedule for the current calendar year at the beginning of February. As Jaana has a child under 3 years of age, the employer considered her request to use up the six-day child leave with the annual holiday in July. For the time there was no work, the employer paid Jaana her average wages. When Jaana fell ill, her time away from work due to incapacity for work from the fourth until the eighth day was compensated by the employer and from the ninth day onward by the Health Insurance Fund.
Robert, however, can take a holiday when there is a seasonal break in the orders. At times, this is an indeterminate period of time, which is why he cannot make any long-term plans. Robert’s holidays are not compensated as his contracts for services do not contain an agreement on when he is exempt from having to execute the orders. The contracting parties are not interested in signing such an agreement. At the time when there are no orders, when Robert is ill or on holiday, he will have no income. The paid paternal leave adopted in 2013 did not apply to Robert because of the contract of services.
Paid free time for finding new employment.
In case of extraordinary cancellation of the employment contract, the employer is obligated to grant the employee within the period of advance notice time off to a reasonable extent to find new employment. This time is compensated by paying the employee his/her average wages.
Similarly, the employer is obliged to grant time off for the employee to a reasonable extent and for the average wages of the employee when the employee needs to be away from work due to an unforeseen reason not arising from the employee, or when it does, then unintentionally and not due to gross negligence (e.g. child falls ill in nursery school and needs to be taken home; water accident at home).