Publication date: 10.05.2024
VACATION
In Ukraine, the right to vacation is regulated by the Code of Labor Laws of Ukraine and the Law of Ukraine "On Vacations".
Let's consider the main provisions
The right to annual leave
Citizens of Ukraine who are in employment, as well as foreign citizens and stateless persons working in Ukraine, have the right to vacation.
Duration of vacation
Annual basic leave is granted to employees with a duration of not less than 24 calendar days per working year.
Additional holidays
There are additional holidays for special working conditions, for length of service, as well as social holidays.
Procedure for granting leave
The employer is obliged to provide leave according to the schedule agreed with the employee.
Vacation pay
The employee's average earnings are kept during the vacation period.
Saving the workplace
During the vacation, the employee's place of work is kept.
Compensation for unused vacation
In case of dismissal, the employee has the right to monetary compensation for unused vacation days.
TYPES AND DURATION OF VACATION
There are different types of vacations in Ukraine, each of which has its own duration and terms of granting.
Annual basic leave - granted for a working year and lasts at least 24 calendar days.
Additional leave for work with harmful and difficult working conditions - the duration of such leave is determined by a collective or labor agreement, depending on the time the employee works in difficult conditions.
Additional leave for the special nature of work is also determined by a collective or labor agreement and can last up to 35 days.Leave in connection with training - is given to employees who are getting an education. The duration depends on the reasons for providing and the type of educational institution.
Creative leave - can be granted to employees writing dissertations, textbooks, etc.
Social leave - includes leave in connection with pregnancy and childbirth, which lasts up to 70 calendar days before childbirth and 56 days after childbirth.
The total duration of annual basic and additional vacations may not exceed 59 calendar days, and for employees engaged in underground mining work, 69 calendar days.
For more detailed information on the types and duration of vacations, you can refer to the Code of Labor Laws of Ukraine and the Law of Ukraine "On Vacations".
PROCEDURE AND CONDITIONS OF GRANTING HOLIDAYS
Annual vacations are granted to exercise the right to rest, which is enshrined in Article 45 of the Constitution of Ukraine.
The basic annual leave is granted for a duration of at least 24 calendar days per working year.
The sequence of vacations is determined by schedules approved by the employer in agreement with the trade union body.
The employer is obliged to inform the employee in writing about the date of the start of the leave no later than two weeks before its start.
Dividing the annual leave into parts is allowed, provided that one of the parts will be at least 14 calendar days.
The unused part of the leave must be granted before the end of the working year or no later than 12 months after its end.
During the period of martial law, some norms may be changed.These provisions are general, and there may be additional requirements and conditions depending on the specific situation. For more detailed information, I recommend contacting a specialist in labor law or the relevant HR department.
LAWYER'S PARTICIPATION IN CASES ARISING FROM VIOLATIONS OF RIGHTS RELATED TO VACATION
The participation of a lawyer in cases arising from violations of rights related to leave is an important part of protecting the labor rights of employees. A lawyer can be useful in solving the following issues:
Collection of evidence. The lawyer helps the client to collect the necessary evidence that confirms the fact of violation of rights related to vacation. Analysis of documents and consultation of a lawyer is necessary to determine the extent of violated rights and to choose methods for their protection and restoration.
Drawing up a statement of claim. The lawyer prepares and submits a statement of claim to the court, which describes the circumstances of the case and the client's requirements. A lawyer's legal opinion will ensure the correctness of the chosen method of protection of violated rights.
Protection of interests in court. The lawyer represents the client's interests in court, conducts the case, presents arguments and counterarguments, ensuring proper protection of the employee's rights. Checking documents by a lawyer is necessary to find out which rights have been violated.
It is also important to note that lawyers themselves have a right to leave, and this right must be respected by courts and other litigants. If a lawyer is on vacation, this should not negate his right to vacation.
For a specific situation or consultation, it is recommended to contact a qualified lawyer who specializes in labor law and has experience in working with similar cases.
Legal service "Consultant" provides the service "lawyer's help online".
Legal service "Consultant" provides legal assistance in any situation. Our lawyers, having conducted a legal analysis of the situation, will ensure the representation of interests in state authorities or the court, will take part in a court hearing in any city of Ukraine. Legal protection in court is a guarantee of quality protection of your rights and interests.
