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Publication date: 20.04.2024
active and purposeful military lawyer with more than 4 years of experience
Duration of annual leave for individual librarians of secondary education institutions
In accordance with Article 6 of the Law of Ukraine of November 15, 1996 No. 504/96-BP "On Vacations" (hereinafter - Law No. 504), annual basic leave is granted to employees with a duration of at least 24 calendar days for the completed working year, which is counted from concluding an employment contract.
Clause 1 of the Resolution of the Verkhovna Rada of Ukraine dated November 15, 1996 No. 505/96-VR (hereinafter - Resolution No. 505) established that the specified law entered into force on January 1, 1997, and Articles 7, 8 and the first part of Article 10 - from January 1, 1998.
Clause 2 of Resolution No. 505 states that vacations of a previously established total duration are retained for employees who used a vacation of a longer total duration than that determined in accordance with the laws and other regulatory legal acts of Ukraine, for the entire period of their work at this enterprise, in the institution, organizations in positions, professions, jobs that gave them the right to this leave, and in the presence of the conditions under which it was granted.
According to the Resolution of the Council of Ministers of the USSR No. 1577 of April 21, 1949 "On vacations for employees of research, educational, and cultural and educational institutions," which was in effect before the adoption of Law No. 504, librarians of educational institutions were granted vacation for a duration of 24 working days.Since with the adoption of Law No. 504, all types of vacations are granted in calendar days, and not in working days, to librarians of ZZSO and other educational institutions who were hired before the implementation of Law No. 504, that is, until January 1, 1997, annual vacation, with taking into account the transfer from working days to calendar days, should be provided for a duration of 28 calendar days.
In accordance with Article 8 of Law No. 504 and the Indicative list of positions of employees with irregular working hours who may be granted additional leave, which is Appendix No. 1 to the Sectoral Agreement between the Ministry of Education and Science of Ukraine and Trade Unions of Education and Science Employees of Ukraine for 2021-2025, registered by the Ministry of Economy on June 18, 2021 under No. 12, librarians of educational institutions may be granted leave for an irregular working day lasting up to 7 calendar days (inclusive).
The specific duration of annual additional leave for the special nature of work is established by a collective or labor agreement, depending on the time of employment of the employee in these conditions.
Therefore, the annual basic and additional leave of librarians who were hired at educational institutions before January 1, 1997 should be 35 calendar days (28 calendar days + 7 calendar days), and those hired after January 1, 1997 – 31 calendar days (24 calendar days + 7 calendar days).
According to Part 14 of Article 10 of Law No. 504, managerial, pedagogical, scientific, scientific-pedagogical employees, as well as specialists of educational institutions, in particular librarians, educational institutions, annual vacations of full duration in the first and subsequent working years are granted during the summer holidays, regardless of the time of acceptance them to work.Simultaneously with the introduction of martial law in Ukraine due to the military aggression of the Russian Federation and the adoption of the Law of Ukraine dated March 15, 2022 No. 2136-IX "On the Organization of Labor Relations in the Conditions of Martial Law" (hereinafter - Law No. 2136), the rules for granting vacations have been slightly changed . In particular, the first part of Article 12 of Law No. 2136 establishes that during the period of martial law, annual basic paid leave may be limited to 24 calendar days. But this limitation is not the manager's duty, but only his right, which he can use or not.
However, in any case, the right of such librarians to annual basic leave of 28 calendar days is not lost.
After all, if the duration of an employee's annual basic leave is more than 24 calendar days, the provision of unused days of such leave during the period of martial law is transferred to the period after the termination or cancellation of martial law.
