Chapter #04 Rest and Leave Right
Article 39: Break and Paid Leaves The employees are entitled to break and paid leaves as the following: (1) Breaks for prayers and lunch (2) Public leaves (national days and holidays) (3) Annual leave (recreational, sick and necessary or urgent leave)
Article 40: Break Break for prayer and lunch is one hour that is not included in the official work hours and it is regulated by the internal rules of the organization.
Article 41: Public leaves Public paid leaves are as the following: 1. The weekend (Friday) 2. The first day of the year (Nawruz) 3. Twenty-eight of Assad (the independence day of the country) 4. Eight of Sawr, Victory of the Islamic Revolution of Afghanistan 5. The days of Eid-e-Fetar (3 days)
6. The days of Arafat and Eid-e-Said-e-Adhah (4 days) 7. Twelth of Rabiul Awal, the birth day of Hazrat-e-Mohammad Peace be Up on Him 8. Tenth of Muharam-u-Ahram (the day of Ashura) 9. Other days that is approved and announced as public holidays by the Islamic Republic of Afghanistan
Article 42: Annual Leaves Annual leaves (recreational, sick and necessary or urgent) are not included in the public leaves and are enforceable by the organization or the employer based on request or written notice of the employee.
Article 43: Work Shift Schedule 1. The organization prepares the recreational leave schedule for the employee on a turn basis. If the organization doesn’t agree with the employee to take his/her annual recreational leave due to huge work load, the organization has to pay the salary and other rights and allowances of the employee in addition to the original salary. 2. In the event of the employee’s death, the organization has to pay the salary and other rights and allowances of the days included in paragraph (1) of this article to his/her inheritors. 3. Payment of the salary and other rights and allowances of recreational leave are not time-bound and can be paid on the basis of the agreement of the employee and the organization.
Article 44: Work during the Public Holidays (1) Work during the public holidays is allowed by the agreement of the employee and approval of the employer in the following cases: (1) Work in an office where stoppage of work cause delays in work and create problem in providing public services (2) Performance of work related to public services (3) Performance of work that can not be delayed as urgent repairs, loading and unloading of consignments, work related to the prevention of unforeseen accidents (4) Performance of other important and urgent works identified by the responsible (2) In cases included in paragraph (1) of this article, the organization has to pay 50 percent of the salary of the normal work as a allowance in addition to the anticipated overtime in this law
Article 45: Agency with Non-Stop Works (1) In agency where works can not be stopped, the holidays can be organized based on turn in the normal days by the in charge. (2) In agency where work can not be stopped on holidays due to delivery of public services, the organization has to organize another day for the employee or has to pay the equivalent wage and other rights and allowances of other days.
Article 46: Recreational Leave (1) The employees are entitled to twenty days of paid recreational leave in a year. (2) The recreational leave of employee can be more than twenty days in the following cases: 1. Worker below 18 years of age are entitled to twenty five days of recreational leave 2. Workers who work in underground or perform deleterious work to health are entitled to 30 days of recreational leave.
Article 47: Leave for Lecturers and Teachers (1) Lecturers and teachers who benefit from educational leaves are not entitled to recreational leave. (2) In case teachers and kindergarten trainers do not benefit the leaves included in paragraph (1) of this article, the order of paragraph (1) of article forty six of this law is applied for them.
Article 48: Recreational Leave • Employees are entitled to twenty days of recreational leave in a year and it can be transferred to next year according to the urgent requirement of the organization by the employee’s agreement (2) Employee applies the annual recreational leave in turn, based on a schedule prepared by the organization on agreement of the employee. (3) The employee may apply ten days of his/her recreational leave in case of urgent need every six month in a year.
Article 49: Recreational Leave for a Newly Recruited Employee (1) A newly recruited employee is entitled to the annual recreational leave during his/her first year of work, when he/she has worked in the office for eleven months. (2) The seasonal employees, whose contract periods are not less than three months, can apply the recreational leave equivalent to the period of service, included in paragraph (1) of article forty six of this law.
Article 50: Salary and Other Allowances during the Recreational Leave (1) The organization has to pay the salary and other allowances of employee in advance during the recreational leave. (2) If the employee has not applied the recreational leave; and has resigned and transferred to another agency, he is entitled to the salary pertaining to the unused leave in proportion to the period of work performed during the year
Article 51: Urgent Leave (1) Employee is entitled to ten days urgent leave with wage and other allowance every year. (2) Urgent leave for three days is enforceable by sending a notice and more than that period through a request. (3) In case of employee’s marriage, death of father, mother, brother, sister, spouse, child, father in law, mother in law, uncle, aunt and birth of child, the employee’s urgent leave is enforceable for ten days by a notice.
Article 52: Sick Leave (1) Employee is entitled to twenty days of sick leave with pay and other allowances in a year. (2) Employee's sick leave is enforceable up to five days based on a notice. (3) If the employee’s sickness prolonged more than five days, a certificate of the doctor of the health organization or if there is not doctor, the certificate of the village governor is considered as a valid certificate . (4) In case an Employee’s sick leave exceeds the time period referenced in Paragraph (1) of this Article, his other leave days may be used in stead.
Article 53: Additional Sick Leave (1) If the employee’s sickness prolonged longer than the period included in article fifty two of this law, additional paid leave can be granted to him/her base on certificate of government and or non-government health centre. (2) The conditions and manner of granting additional sick leave included in paragraph (1) of this article would be regulated by relevant legislation.
Article 54: Maternity Leave (1) A female employee is entitled to ninety days of paid maternity leave, that one third (30) of it can be used before delivery and two third (sixty days) after delivery. • In case of abnormal delivery or in case of twin or more than a twin, fifteen days more paid leave will be granted to her. (2) Salary and other allowances included in paragraph (1) of this article will be paid based on hospital certificates. (3) The female employee has to join the office, after the termination of maternity leave included in paragraph (1) of this article within five days, otherwise she would be considered a lapse of duty and doesn’t benefit the allowances included in paragraph (2) of this article.
Article 55: Leave for Hajj Pilgrimage (1) The employee is entitled to 45 days paid leave only once during his entire service period in order to perform Hajj (Mecca) rites or to make pilgrimages to the sacred places. (2) The days in excess of 45 days earmarked for Hajj and pilgrimage of sacred places can be considered as part of the employee’s recreational and urgent leaves. (3) Certificate of the Department of Hajj and Religious Affairs is required for payment of salary and other allowances of periods included in paragraphs (1 and 2) of this article.
Article 56: Sick Leave for a Newly Recruited Employee The annual, sick and urgent leaves of the employee based on period of service, is applicable as follows: (1) If the employee has been recruited in the first half of the year, he/she can apply annual leave fully. (2) If the employee has been recruited in the second half of the year, he/she can apply half of the annual leave.
Article 57: Calculation of Paid Leave Employee’s paid leave is calculated on his/her step, promotion and retirements.