Publication date: 22.05.2024
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Case for personnel. Deduction of funds from a part-time employee upon dismissal for the vacation granted to him in the case of an unworked part of the working year
QUESTION
Is it possible to withhold from a part-time employee, who is dismissed by agreement of the parties, the funds for the days of the annual basic vacation, which were given to him at the expense of the unused part of the working year?
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ANSWER
Yes, you can.
Article 43 of the Constitution of Ukraine provides for the right of every citizen to work, which includes the opportunity to earn a living by work that he freely chooses or freely agrees to.
In accordance with the second part of Article 21 of the Labor Code, an employee has the right to realize his abilities for productive and creative work by concluding an employment contract at one or at the same time at several enterprises, institutions, organizations (hereinafter - the enterprise), unless otherwise provided by legislation, a collective agreement or an agreement parties In this case, the employee performs his work duties part-time.
Rights and guarantees in case of part-time work
Part-time work is considered to be the performance by an employee, in addition to the main one, of other paid work under the terms of the employment contract in the time free from the main job at the same or another enterprise or at the employer — a natural person (part one of Article 1021 of the Labor Code).
All rights, guarantees and obligations provided for by legislation, the collective agreement and the rules of internal labor regulations apply to the co-worker.
The right to vacation for part-time employees
Since all citizens who are in labor relations with the enterprise have the right to vacation (art.2 of the Law of Ukraine dated November 15, 1996 No. 504/96-VR "On Vacations"; hereinafter - Law No. 504), part-time workers are also entitled to annual basic leave. That is, a part-time employee has the right to receive paid annual basic leave both at the main place of work and part-time.
The duration of the annual main part-time vacation is the same as the duration of the vacation at the main place of work, and cannot be less than 24 calendar days per worked year, which is counted from the day of concluding the part-time employment contract (part one of Article 6 of Law No. 504).
About deductions from wages for vacation days that were granted at the expense of the unworked part of the working year
Article 22 of Law No. 504 stipulates that if an employee is dismissed before the end of the working year for which he has already received a full-time vacation, to cover his debt, the employer shall deduct from the salary for the days of vacation that were granted at the expense of the unused part of the working year.
When deductions from wages are not made
Deductions are not made if the employee is dismissed from work due to:
• conscription or acceptance (admission) to military service, referral to alternative (non-military) service;
• transfer of the employee to another company with his consent or transfer to an elected position in cases provided for by the laws of Ukraine;
• refusal to transfer to work in another area together with the enterprise, as well as refusal to continue working in connection with a change in essential working conditions;
• changes in the organization of production and work, including liquidation, reorganization or repurposing of the enterprise, reduction in the number or staff of employees;
• detection of the employee's incompatibility with the position held or the work performed due to insufficient qualifications or a state of health that prevents the continuation of this work;
• not showing up for work for more than 4 months in a row due to temporary incapacity, not counting leave due to pregnancy and childbirth, unless the legislation establishes a longer period of retention of the place of work (position) in case of a certain illness;
• reinstatement of an employee who previously performed this job;
• referral to study;
• retirement.
Deductions from wages for unused vacation days are also not made in the event of the death of an employee.
Conclusion
So, in our case, it is possible to withhold funds from the part-time employee for the days of annual basic leave that were granted to him at the expense of the unused part of the working year.
