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Publication date: 20.04.2024
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Annual leave for a mobilized employee
According to the third part of Article 119 of the Labor Code of Ukraine (hereinafter referred to as the Labor Code), for employees called up for fixed-term military service, military service by conscription of officers, military service by conscription during mobilization, for a special period, military service by conscription persons from among the reservists in a special period or accepted for military service under a contract, including by concluding a new contract for military service, during the validity of the special period for the period until its end or until the day of actual release, the place of work and position at the enterprise are kept, in an institution, organization, farm, agricultural production cooperative, regardless of subordination and form of ownership, and in individuals - entrepreneurs, in which they worked at the time of the draft.
Voluntary payments to mobilized employees: how to calculate length of service - read in the magazine "KADROVYK.UA"
Such employees are paid financial support from the State Budget of Ukraine in accordance with the Law of Ukraine of December 20, 1991 No. 2011-XII "On Social and Legal Protection of Servicemen and Members of Their Families."At the same time, employees who are involved in the performance of duties stipulated by the Law of Ukraine of March 25, 1992 No. 2232-XII "On Military Duty and Military Service" and the Law of Ukraine of December 12, 1991 No. 1975-XII "On Alternative (Non-Military) ) service", the Law of Ukraine dated October 21, 1993 No. 3543-XII "On mobilization training and mobilization", guarantees and benefits are provided in accordance with these laws (part two of Article 119 of the Labor Code).
Journal of the results of checking the status of military records
Format (size): 210×297 mm • Volume: 60 s.
It should be noted that Article 119 of the Labor Code does not contain a rule regarding the preservation of the annual basic leave specified by labor legislation during military service.
According to Article 6 of the Law of Ukraine dated November 15, 1996 No. 504/96-VR "On Vacations", annual basic vacation is granted to employees with a duration of at least 24 calendar days for the completed working year, which is counted from the date of conclusion of the employment contract.
That is, after demobilization and returning to the performance of his duties, the employee has the right to annual basic leave.In addition, the Law of Ukraine "On Amendments to Certain Laws of Ukraine on Optimizing Labor Relations" (entered into force on July 19, 2022) introduced changes according to which the length of service entitling to annual basic leave includes the time when the employee actually did not work, but in accordance with the legislation, the place of work (position) and salary were kept for him in full or in part (in particular, the time of paid forced absenteeism caused by illegal dismissal or transfer to another job), except for cases when for employees called up for temporary military service service, military service by conscription of officers, military service by conscription during mobilization, for a special period, military service by conscription of persons from among reservists in a special period or accepted for military service under a contract, including by concluding a new contract for passing military service, during the validity of the special period for the period before its end or until the day of actual release, the place of work and the position at the enterprise during the time of the draft were kept.
