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Publication date: 14.05.2024
active and purposeful military lawyer with more than 4 years of experience
Annual vacations, procedure and conditions of their granting
Providing all employees with annual paid leave is the realization of their right to rest, which is enshrined in Article 45 of the Constitution of Ukraine.
The conditions, duration and procedure for granting vacations to employees are determined by the Labor Code of Ukraine and the Law of Ukraine "On Vacations" dated November 15, 1996 No. 504/96-VR (hereinafter - Law No. 504).
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.
Law No. 504 established the right to vacations for foreign citizens and stateless persons working in Ukraine, on an equal footing with citizens of Ukraine.
Annual leave is one of the important types of rest time of employees, during which they do not fulfill their obligations under the employment contract.
The employee can use the vacation period at his discretion. He just has to calculate everything in such a way that by the time the vacation ends, he will return to the enterprise, institution, organization and continue performing work in accordance with the employment contract.
Saving for employees during the vacation period the place of work (position) and salary (benefits) is an important condition for their actual use of annual vacation.
While employees are on vacation, it is prohibited to dismiss them at the initiative of the owner or his authorized body, except in the case of complete liquidation of the enterprise, institution, or organization.It should be noted that at the employee's request, in the event of his dismissal (except for dismissal for violation of labor discipline), he must be granted unused leave with subsequent dismissal.
In case of dismissal of the employee, he is paid monetary compensation for all unused annual leave days.
Law No. 504 establishes that annual vacations consist of basic and additional vacations.
Basic leave is a leave to which all employees are entitled. This is the difference between the main vacation and all others. To receive other types of vacations, special grounds for their receipt are required.
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 the date of conclusion of the employment contract.
Some categories of employees enjoy the right to a longer vacation.
In particular, they primarily include industrial and production personnel of the coal, shale, metallurgical, and electric power industries, as well as personnel employed in open-pit mining operations, on the surface of mines, cuttings, quarries, and mines, on construction and assembly works in mine construction, transportation and beneficiation of minerals.
The specified categories of employees are granted annual basic leave for a duration of 24 calendar days, but for every two years of work, the duration of their leave is increased by 2 calendar days, but not more than 28 calendar days.
Managers of educational institutions and educational institutions, educational (pedagogical) parts (subdivisions) of other institutions and institutions, pedagogic, scientific-pedagogical workers and scientific workers are granted annual basic leave of up to 56 calendar days in accordance with the procedure approved by the Cabinet of Ministers of Ukraine.
The disabled persons of the I and II groups are granted an annual basic leave of 30 calendar days, and the disabled persons of the III group — 26 calendar days.
Employees under the age of eighteen are granted annual basic leave of 31 calendar days.
It should be noted that for some categories of employees, the duration of vacation can be established by special acts of legislation.
However, the total duration of annual basic leave cannot be less than 24 calendar days in any case.
Regarding the granting of annual additional vacations, it should be noted that the following vacations are granted to employees:
1) for work with harmful and difficult working conditions and its duration;
2) for the special nature of work and its duration;
3) in other cases provided by law.
The employee's right to annual basic and additional full-time vacations in the first year of employment begins after six months of continuous work at the given enterprise.If the employee is granted the specified annual leave before the end of the six-month period of continuous work, their duration is determined in proportion to the time worked.
However, before the six-month period of continuous work at this enterprise, full-time annual vacations are granted at the request of the employee:
1) for women - before or after leave due to pregnancy and childbirth, as well as for women who have two or more children under the age of 15 or a disabled child;
2) the disabled;
3) persons under eighteen years of age;
4) husbands whose wives are on leave due to pregnancy and childbirth;
5) persons released after completion of term military or alternative (non-military) service, if after release from service they were hired within three months, not taking into account the time of moving to a permanent place of residence;
6) for part-time employees - simultaneously with vacation at the main place of work;
7) employees who are successfully studying in educational institutions and wish to add a vacation to the time of taking exams, assessments, writing
diploma, course, laboratory and other works provided by the educational program;
8) employees who did not use the annual basic leave in full or in part at their previous place of work and did not receive monetary compensation for it;
9) employees who have a ticket (pass) for sanatorium-resort (outpatient-resort) treatment;
10) parents-educators of family-type children's homes;
11) in other cases provided for by legislation, collective or labor agreement.
After the first year of work, annual leave can be granted to an employee at any time of the corresponding working year.
The sequence of vacations is determined by schedules approved by the owner or a body authorized by him in agreement with the elected body of the primary trade union organization (trade union representative) or other body authorized to represent the labor collective, and is brought to the attention of all employees. When drawing up schedules, the interests of production, personal interests of employees and opportunities for their rest are taken into account.
The specific period of granting annual vacations within the limits established by the schedule is agreed between the employee and the owner or the body authorized by him, who is obliged to notify the employee in writing about the date of the start of the vacation no later than two weeks before the period established by the schedule.
Any changes in vacation schedules are possible only by mutual agreement between the owner or his authorized body and the relevant employee.
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It should be noted that the requirements of current legislation must be taken into account when drawing up holiday schedules.In particular, Law No. 504 stipulates that, at the employee's request, annual leave is granted at a time convenient for him:
• to persons under eighteen years of age;
• to the disabled;
• to women before or after leave due to pregnancy and childbirth;
• women who have two or more children under the age of 15 or a disabled child;
• to a single mother (father) raising a child without a father (mother); guardians, custodians or other single persons who actually raise one or more children under the age of 15 in the absence of parents;
• to spouses (husbands) of military personnel;
• to labor veterans and persons who have special labor merits for the Motherland;
• to war veterans, persons who have made special merits for the Motherland, as well as persons subject to the Law of Ukraine "On the Status of War Veterans, Guarantees of Their Social Protection" dated October 22, 1993 No. 3551-XII;
• to parents-educators of family-type children's homes;
• ï in other cases provided by legislation, collective or labor agreement.
Yes, at the employee's request, the annual leave can be divided into parts of any duration, provided that the main continuous part of it will be at least 14 calendar days.
At the same time, the unused part of the annual leave is granted to the employee, as a rule, until the end of the working year, but no later than 12 months after the end of the working year for which the leave is granted.
It should also be noted that the law provides for the possibility of withdrawing an employee from annual leave.Such withdrawal may take place: with the consent of the employee only to avert a natural disaster, industrial accident or immediate elimination of their consequences, to avert accidents, idleness, death or damage to the property of the enterprise in compliance with the requirements of the first part of this article and in other cases provided for by law. In the case of recalling an employee from vacation, his work is paid taking into account the amount that was accrued for the payment of the unused part of the vacation.
Therefore, the right to vacation is a guarantee established by the state.
