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Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnytskyi Oblast
Khyzhavska Olesia Yaroslavivna

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Publication date: 05.06.2024

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                                                                 Annual vacations

    Annual leave is an important aspect of employment law that regulates the periods when an employee is entitled to time off from work. Here are the key aspects of annual leave:

Duration of vacation:

    Legislation usually sets the minimum length of annual leave. For example, in many countries it can be a minimum of 20 working days.

Procedure for granting leave:

    The procedure for submitting an application for leave and its approval is determined by the company's internal labor regulations or agreed upon between the employee and the employer.

Amount of vacation pay:

    Usually, the employee receives vacation pay, which is calculated based on the average salary for a certain period before the vacation.

Vacation at your own expense:

   Some companies allow employees to take additional vacation time at their expense, which means that the employee can take additional vacation days paid for with their own salary.

Violation of vacation rights:

   Procedures and sanctions related to non-use of vacation or violation of vacation rights are also determined by legislation and internal rules of the enterprise.

   The general right to leave and its conditions are determined by local legislation and collective agreements in force in a specific country or organization.

    Vacation is a period when an employee has the right to rest from his main work, while retaining the right to wages. Here are the main aspects of the vacation:

   1. The main purpose of the vacation is to ensure the physical and psychological recovery of the employee after a long period of work, which helps to preserve his health and increase work productivity.

   2. The minimum duration of annual leave is provided depending on the category of employees and lasts at least 24 calendar days per working year. Persons under the age of eighteen are granted an additional vacation period of 31 calendar days.

   3. The procedure for granting leave is usually determined by the internal rules of the enterprise or a collective agreement, and includes the procedure for submitting an application and approving the leave by the employer.

   4. During the vacation, the employee retains the right to receive wages in the amount determined by the law or the terms of the employment contract. This can be the salary for the actual working time or the average salary for a certain period before the vacation.

   5. Apart from annual leave, there are other types of leave.

   Vacation is an important aspect of labor relations, which helps to preserve the health of employees and improve their working capacity.

    Special conditions for annual leave may be established for certain categories of employees, but the duration of these leaves may not be less than the minimum standards specified in the above-mentioned legislation.

     Article 76 of the Labor Code of Ukraine regulates the granting of annual additional vacations to employees in various cases:

For work with harmful and difficult working conditions:

    Employees who work in hazardous and difficult conditions may be granted additional leave.This is intended to compensate for the impact of harmful factors on the employee's health.

For the special nature of work:

    Some categories of employees who are engaged in special types of work or perform work in special conditions may also be entitled to additional annual leave. This may include, for example, workers with increased responsibility or workers who work in hard-to-reach conditions.

In other cases provided by law:

    The legislation of Ukraine may also provide for the granting of additional vacations in other specific cases that do not fall into the previous two categories.

    The duration of annual additional vacations, as well as the conditions and procedure for their provision, are established by normative legal acts of Ukraine. In addition, the specific conditions for granting such vacations may be defined in labor contracts or collective agreements.

 

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