Publication date: 08.05.2024
Vacation with subsequent dismissal in case of expiration of the employment contract.
The procedure for dismissing employees and paying them compensation for unused vacation is regulated by the Code of Labor Laws of Ukraine and the Law of Ukraine dated November 15, 1996 No. 504/96-ВР "On Vacations" (hereinafter - Law No. 504).
Payment of monetary compensation to the employee for unused vacation days is an unconditional obligation of the employer (part one of Article 24 of Law No. 504), but, with the agreement of the parties to the employment contract, an employee who has not used the vacation due to him may go on vacation in the event of dismissal, receive "vacation" and leave after it ends (Article 3 of Law 504).
In general, a fixed-term employee has the same vacation rights as anyone else. The employee's right to use leave with subsequent dismissal is provided for in Article 3 of Law No. 504. This right does not depend on the type of employment contract the employee entered into: open-ended or fixed-term, but it depends on the type of leave the employee wishes to use before dismissal. These are vacations for which compensation is provided to the employee (Article 24 of Law No. 504):
· annual basic leave;
· annual additional holidays;
· additional leave for employees who have children, or an adult child - a person with a childhood disability of subgroup A of group I.You may be interested in the following articles: illegal dismissal lawyer legal advice dismissal legal advice dismissal legal advice on dismissal reinstatement lawyer.
Compensation or leave?
Leave with subsequent dismissal is granted only at the request of the employee. The employer has no right to insist, the employee independently chooses what is more acceptable for him — to receive unused annual leave (Article 3 of Law No. 504) or monetary compensation for it (Article 24 of Law No. 504).
There is no particular difference for the employer: to pay the employee compensation for unused vacation days or to grant vacation and pay "vacation pay." But for the employee, the second option has a number of advantages.
Article 3 of Law No. 504 stipulates that in case of dismissal of an employee due to the expiration of the term of the employment contract, the unused part of the annual leave may be granted at his request even when the leave period fully or partially exceeds the term of the employment contract. The legislator did not make any other reservations.
Even when the employee asked the employer to grant him a vacation with subsequent dismissal on the last day of the fixed-term employment contract, it is possible to do so. The last day on which vacation can start is the last day of the fixed-term employment contract (the last day of work). At the same time, the employment contract continues until the end of the vacation.
The condition for granting leave is the fact of dismissal of the employee in connection with the expiration of the term of the employment contract, therefore, a fixed-term employment contract does not turn into an open-ended one.
