Publication date: 20.04.2024
active and purposeful military lawyer with more than 4 years of experience
Annual leave: planning and granting
Providing employees with annual leave is the realization of their right to rest, which is enshrined in the Constitution of Ukraine. The Code of Labor Laws of Ukraine and the Law of Ukraine "On Vacations" determine the conditions, duration and procedure for granting vacations to employees.
About the right to vacation
Citizens of Ukraine who are in labor relations with enterprises, institutions, organizations regardless of the form of ownership, type of activity and industry affiliation, as well as those citizens of Ukraine who work under an employment contract with a natural person, have the right to vacations.
The Law of Ukraine "On Vacations" established the right to vacations for foreign citizens and stateless persons working in Ukraine on an equal basis with citizens of Ukraine
The right to annual leave as an inseparable part of the employee's legal status is an important guarantee of ensuring his constitutional right to rest.
Expanded content of the release
SECTION 1. GENERAL CONCEPTS ABOUT ANNUAL HOLIDAYS
• Signs of annual vacations
• Is it possible to forcibly send an employee on vacation: two positions
• Periodicity and purpose of granting vacations
• Payability and period of leave
• Classification of annual leave
• What additional holidays are granted each year, but do not belong to annual leave?
SECTION 2.ANNUAL BASIC AND ANNUAL ADDITIONAL HOLIDAYS: DURATION, SENIORITY
• Duration of annual basic and annual additional vacations depending on the category of employees
• How did the martial law affect the duration of annual basic leave?
• Seniority, which gives the right to annual basic leave
• Determining seniority for annual additional leave
• Formulas and examples of calculating the number of days of annual basic and annual additional vacations
— Algorithm for calculating the number of days of annual basic leave
— Algorithm for calculating the number of days of annual additional leave
• Annual leave for work with harmful and difficult working conditions
- How long is the vacation?
— Who is granted annual additional leave for work with harmful and difficult conditions?
— Algorithm for granting annual additional leave for work with harmful and difficult conditions
• Annual additional leave for special nature of work
— Peculiarities of leave for an irregular working day
— Peculiarities of leave for computer work
Practical cases
Case 1. Is it possible to grant annual basic leave to an employee who is in territorial defense under a contract?
Case 2. Is it possible to grant annual leave to a mobilized employee?
Case 3. On May 5, 2023, the employee was assigned the II disability group for 2 years. Prior to the establishment of disability, he used annual basic leave lasting 24 calendar days for the working year from October 21, 2022 to October 20, 2023. Do you need to recalculate the number of vacation days?
Case 4. Does the employee retain annual leave in case of reorganization of the enterprise?
Case 5. Can an employer refuse to grant annual leave to an employee during martial law?
Case 6. How long should an employee be given additional annual leave for work with harmful and difficult working conditions, if he is transferred to part-time work (4 hours), and the total duration of such leave according to the certification results is 2 calendar days?
Case 7. During the working year, the employee was on leave without pay for 6 months during the period of martial law. Is he entitled to additional annual leave for the special nature of work?
Case 8. Does an employee who works remotely have the right to additional annual leave for an irregular working day?
Case 9. The employee was hired as a medical nurse in January 2022.In July 2023, an addition was made to the institution's collective agreement regarding the list of positions and the duration of annual additional leave for work that is associated with increased neuro-emotional and intellectual load or is performed in conditions of increased health risk. In particular, the position of a medical nurse is included in this list, and the duration of such leave is established - 7 calendar days. In December 2023, the employee goes on vacation for the period of work from January 2022 to January 2023. Does she have the right to additional leave for the special nature of work for the working year (January 2022 - January 2023), if the specific duration of such leave is established in the collective agreement after the employee is hired?
SECTION 3. ANNUAL VACATION PLANNING
• Should we make a vacation schedule for 2024?
• When to schedule vacations?
• Who should schedule vacations?
• Who can not schedule vacations?
• Who should be included in the vacation schedule?
• What form should be used to make a vacation schedule?
• The procedure and algorithm for drawing up a vacation schedule
Practical cases
Case 1. Is it necessary to include in the vacation schedule employees called up for military service in connection with mobilization?
Case 2. Is it necessary to include in the vacation schedule employees whose employment contracts have been suspended?
Case 3. Is it necessary to include in the vacation schedule employees who are on vacation without salary during the period of martial law?
Case 4. Should the vacation schedule include unused annual vacation days for past working years?
Case 5. Should the vacation schedule include employees who will be hired after the vacation schedule is approved?
Case 6. With whom to agree the vacation schedule, if the company does not have a trade union?
Case 7. The employee used the main part of the annual vacation lasting 14 calendar days. Is it possible to give the rest of such leave only on weekends (Saturday and Sunday), dividing it into several parts?
• Making changes to the vacation schedule during the year
• The procedure for granting leave according to the schedule
• Is an application for leave required if it is granted on a schedule?
• When is a leave application required?
CHAPTER 4.PROCEDURE FOR GRANTING ANNUAL HOLIDAYS
• General rules for granting annual leave
• Provision of annual leave for the first working year
• Rules for granting annual leave for the second and subsequent years of work
• Which category is given leave at a time convenient for them?
• When can annual additional leave be granted on two grounds?
• Peculiarities of granting annual leave to part-time employees
— What if a longer vacation is provided for at a part-time job?
— Does a part-time employee have the right to additional leave for an irregular working day?
— Does the employee have the right to additional leave for an irregular working day, if he simultaneously works under the conditions of internal co-operation?
• Annual leave for previous years: rules and procedure of use
— Rules for using vacations for previous years
— During martial law, is it possible to provide employees with unused days of annual leave from previous years?
• The procedure for granting leave with subsequent dismissal
• Documentation of leave with subsequent dismissal
• Grounds and conditions for transferring and extending annual vacations
— Legal grounds for postponement or extension of leave
— Postponement of leave at the request of the employee
— Postponement of leave at the initiative of the employer
• Rules for dividing annual leave into parts
— Is it possible to share annual additional vacations?
— Is it possible to share leave during martial law?
• The algorithm for recalling an employee from annual leave
• How to record vacations?
SECTION 5. COMPENSATION FOR UNUSED ANNUAL LEAVES
• Compensation for unused annual leave upon dismissal
Practical cases
Case 1. How to determine the number of days of annual basic leave for which the employee must be paid monetary compensation upon dismissal?
Case 2. The impact of changes in the calculation of compensation for unused vacation days on the execution of dismissal orders from January 1, 2024.
Case 3. Should compensation be paid for unused annual leave days to employees who are subject to dismissal by transfer?
• To whom should compensation be paid for the unused leave of a deceased employee?
• Compensation for unused annual leave without dismissal
• Replacement of part of the annual leave with monetary compensation
• Payment of compensation for unused vacation days to employees drafted or accepted for military service
Appendix 1. Sample list of professions and positions of employees entitled to annual additional leave due to harmful and difficult working conditions
Appendix 2. Sample list of positions and professions of employees who are set irregular working hours and are granted annual additional leave for the special nature of work
Appendix 3. Sample vacation schedule
Appendix 4. Sample order on preparation of vacation schedule
Appendix 5. Sample survey letter of approval of the period of annual basic leave
Appendix 6. Sample of changes to the vacation schedule
Appendix 7. Sample order on making changes to the vacation schedule
Appendix 8. Sample notification of the start of vacation
Appendix 9. Sample order on granting annual basic leave according to standard form No. P-3
Appendix 10.A sample of the order on the provision of annual basic leave in an arbitrary form
Appendix 11. Sample order on granting annual additional leave in an arbitrary form
Appendix 12. Sample application for leave with subsequent dismissal
Appendix 13. Sample order on extension of annual basic leave
Appendix 14. Sample order on the transfer of the unused part of the annual basic leave
Appendix 15. A sample of an employee's statement on the division of annual basic leave into parts
Appendix 16. Sample order on the granting of part of the leave at the employee's request
Appendix 17. Sample official memo on recalling an employee from annual basic leave
Appendix 18. Sample order on recalling an employee from annual basic leave
Appendix 19. Sample record of withdrawal from annual leave to the personal card form
Appendix 20. A sample of the record of granting part of the unused leave to the personal card form
Appendix 21. Sample of filling out the Journal of annual and additional leave of employees
Appendix 22. Sample of filling out the employee's personal card
Appendix 23. Sample order on voluntary dismissal
Appendix 24. Sample application for payment of monetary compensation for part of annual leave
Appendix 25. Sample order on the payment of monetary compensation for part of the annual leave
Appendix 26. Sample of entering information on the payment of vacation compensation to the employee's personal card form No. P-2
Appendix 27. Sample entry of information on payment of compensation for vacation days to the vacation schedule
Appendix 28.Sample application for payment of monetary compensation in connection with conscription for military service
Appendix 29. Sample order on payment of monetary compensation in connection with conscription for military service.
