The long-awaited spring holidays are approaching. In order to create favourable conditions for spending holidays and working days, as well as rational use of working time, the Government recommends that heads of companies postpone their weekends and working days in the manner and on the terms established by law for employees with a fixed five-day working week with two days off. Read about the recommendations of the Cabinet of Ministers and the peculiarities ofworking days postponing in the following.
Holiday and non-working days are established only by the law, in particular by Art.73 of the Labor Code of Ukraine (hereinafter − the Labor Code) .
The following holidays are established in Ukraine :
- January 1 − New Year;
- January 7 − Christmas;
- March 8 − International Women’s Day;
- May 1 and 2 − International Workers’ Solidarity Day;
- May 9 − Victory Day over Nazism in World War II (Victory Day);
- June 28 − Constitution Day of Ukraine;
- August 24 − Independence Day of Ukraine;
- October 14 − Defender of Ukraine Day.
The following days of religious holidays are non-working :
- January 7 − Christmas;
- one day (Sunday) − Easter;
- one day (Sunday) − Trinity.
According to para.3 of Art. 67 of the Labor Code, in the case when a holiday or non-working day, established by Art.73 of the Labor Code, coincides with the day off, the day off is postponed to the next after the holiday or non-working day.
In addition, in order to create favourable conditions for spending holidays and working days, as well as rational use of working time, the Government has the right to recommend, not later than three months before such days, to the heads of companies to postpone weekends and working days, in the manner and on the terms established by legislation for Workers who have a five-day work week with two days off.
In case of application of the recommendation of the Cabinet of Ministers of Ukraine (hereinafter − CMU) , the employer issues an order on the postponement of holidays and working days in the company, agreed upon with trade union (trade union official) (Art.67 of the Labor Code).
In other cases, the employer is also entitled to postpone the days off. But note that this postponing is a significant change in working conditions, because it changes the mode of operation. Therefore, the employer is obliged to notify the workers about this decision no later than two months in the manner prescribed by Art.32 of the Labor Code.
Please note that the order of the CMU is only recommendation. After all, the employer is given the right to independently decide on the postponing of working days. By the way, the Ministry of Social Policy in its letter of 15.05.12 No.155/13/133-12(hereinafter − Letter No. 155) notes that the employer can do this as recommended by the Cabinet of Ministers − to postpone working days at own discretion or not to postpone.
According to the order of the Cabinet of Ministers of Ukraine “On the postponing of working days in 2017” of 16.11.2016 No. 850-р , for employees of enterprises, institutions and organizations that have a five-day work week with two days off (Saturday and Sunday), except for the bodies of the Pension Fund of Ukraine, Ukrainian state enterprise “Ukrposhta” postal services, State Treasury Service and banking institutions, it is recommended to postpone working days:
- from Monday 8 May to Saturday 13 May;
- from Friday 25 August − to Saturday 19 August.
Therefore, it is possible to create a four-day May vacation from 6 to 9 May and to celebrate Independence Day from 24 to 27 August.
All actions regarding turn up to work, postponing of working days should be carried out on the basis of the decision taken at the company to postpone the days agreed with the schedule of the company. That is, the employer in his/her order must state the procedure for working days postponing in cases of employees being on sick leave, on leave or on a business trip. All actions for the granting of the leaves, with respect to return to work should be carried out with taking into account the changes in connection with working days postponing of the schedule of the company.
The decision taken by the employer to postpone working days changes the schedule of work of the enterprise, institution, organization and can change the norm of working hours in months when such postponing is introduced. However, this decision does not lead to a reduction in the length of working time during the year, the wage fund, production volumes, budget revenues, etc. (Ministry of Social Policy letter No. 77/13/133-11 of 07.04.11 ).
If the working day is postponed on the basis of the order, for example, from May 8 to May 13, in timesheet the postponed day (in our case - May 8) should be marked as a day off, and the day when the working day (May 13) — as working day (with indication of hours (days) of work).
