Employee's claims for recovery of wages with compensation for unused work leave
Monetary compensation for unused work leave is established in the same way as wage arrears. As a rule, these requirements are presented along with the requirement to collect wages. Judicial practice in cases of this category has no fundamental differences from the practice of considering labor disputes on the recovery of wages.
By the decision of the Petropavlovsk Court No. 2 dated October 11, 2016, compensation for unused work leave in the amount of 31268 tenge was collected in the claim of I.E.A. to IP T. A.R. for recovery of compensation for unused work leave.
The court found that from August 1, 2015 to March 2, 2016, I.E.A. worked for IP T.A.R. as a salesman in the Shapagat food pavilion on Mira St... the city of Petropavlovsk. The plaintiff asked the court to recover compensation for unused work leave in the amount of 48,000 tenge, in support of which she provided a calculation of compensation for unused work leave for the period from August 14, 2014 to March 2, 2016, calculated by Accounting Firm SODEL LLP from a salary of 25,000 tenge. This calculation was verified and found to be justified by the court. According to this calculation, compensation for unused work leave amounts to 31,268 tenge. The defendant was familiar with this calculation and agreed with it. In this regard, the court concluded that the claims for compensation for unused work leave in the amount of 31268 tenge were partially satisfied instead of 48,000 tenge.
By the decision of the Taraz City Court of Zhambyl region dated February 9, 2016, compensation for unused work leave in the amount of 28,230 tenge was collected for unused work leave in the amount of M.A.V.'s claim to Kazpromlit LLP for the recovery of wages, compensation for unused work leave and compensation for moral damage.
The court found that the fact that the plaintiff performed work in Kazpromlit LLP from September 10, 2014 to mid-April 2015 as a loader driver, and subsequently as the head of the ATC, was not documented, the plaintiff did not provide the court with an employment contract concluded between the parties in connection with the theft of documents, which is confirmed by the investigator's decision with OP-2 on the admission of a criminal case to its proceedings dated April 22, 2015. Meanwhile, the materials of the state labor inspector established the fact of the conclusion of an employment contract between the parties from September 10, 2015 for 6 months. The order to terminate the employment contract between the defendant and the plaintiff was issued on March 10, 2015 on the basis of the expiration of the employment contract, as evidenced by the order dated March 10, 2015 on termination of the contract.
During the inspection, the state labor inspector revealed violations of labor legislation committed by Kazpromlit LLP in terms of non-payment of compensation for unused work leave, for which an order was issued to eliminate the identified violation.
At the hearing, the defendant's representative confirmed the LLP's debt to the plaintiff for compensation for unused work leave in the amount of 28,230 tenge, while the plaintiff M.A.V. agreed with the defendant's calculations.
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