By Article 79 of the Labour Code of Ukraine of 10.12.1971 (hereinafter - the Labour Code) and Art.10 of the Law of Ukraine “On leave” of 15.11.1996, № 504/96-ВР (hereinafter - the Law № 504) are determined the procedure and conditions for annual leaves granting. Hereafter the issue details are considered.
Annual basic leave should be granted to employees for period of time not less than 24 calendar days for complete working year, which is counted from the date of conclusion of the employment contract. Additional annual leaves at the request of an employee could be granted simultaneously with basic annual leave or separate from it.
The annual basic and additional leaves are provided to the intent and effect that they to be used, as a rule, until the end of the working year.
Leave for the first year of work in the company is provided only after six months of continuous work. If the need arises earlier, its duration is to be determined in proportion to the length of service in the company (institution, organization).
The total duration of the annual basic and additional leaves cannot exceed 59 calendar days, and for workers involved in underground mining - 69 calendar days.
The order of leaves granting is determined by schedules, which are approved by the owner or authorized body upon agreement with the elected body of primary union organization (union representative) or other authorized representative by labor collective body, and the information is provided to all employees. When the scheduling it is taken into account the interests of production, the personal interests of employees and opportunities for their vacations. Article 10 of the Law № 504 defines the list of categories of employees who are granted the right to receive an annual leave at the request whenever convenient to them.
The form of schedule of leaves granting is not established by the legislation, therefore the employer can develop it independently. There is usually indicated in the document the beginning of the month of leave and the month of its completion (or particular dates).
The leave could be planned in part under the agreement of the parties. However, it should be remembered that one principal continuous part should be at least 14 calendar days.
The current legislation also does not provide terms of drawing up and approval of the schedule of leaves, so in this case it is better to use the Model internal labor regulations for workers and employees of companies, institutions, organizations, approved by the Resolution of the USSR State Labor Committee and Social Affairs of July 20, 1984 № 213 (hereinafter − Regulations № 213) since this regulatory document is valid according to the decision of the Verkhovna Rada of Ukraine “On the Procedure for temporary operation of certain acts of legislation of the USSR on the territory of Ukraine” of 12.09.1991, № 1545.
In accordance with para.20 of the Rules № 213, leaves schedules are drawn up for each calendar year not later than 5 January of current year. However, there will not be a violation if the drawing up and approval of the leaves schedule will be in a different period, upon condition that this to be indicated in the collective agreement of the company.
Annual and other types of leaves granted to employees under current legislation, are to be issued by order (instruction), which is signed by the head of structural division and the head of the company. An employee subscribes his/her name to the order (instruction) that he is aware of it.
Cases of reschedule of annual leave at the request of an employee, as well as on the initiative of an owner determined by the Art.80 of the Labor Code and Art.11 of the Law № 504.
It is prohibited the failure of annual leaves of full duration of a period of two consecutive years, as well as failure to provide them throughout the working year to persons under the age of 18 years and employees who are entitled to additional annual leaves for work in harmful and severe conditions or with the special nature of work.
Article 79 of the Labor Code and Art.12 of the Law № 504 provides for that the recalling an employee from annual leave should be subject to the consent of the employee and provided that the main part of the continuous leave (before or after the recall) is not be less than 14 calendar days. It should be noted that the recalling an employee is possible only in cases provided by the legislation, in particular: in order to prevent a natural disaster, industrial accident or immediate elimination of their consequences, in order to prevent accidents, work stoppages, loss or damage to company property in compliance with the requirements of Part 1 of Art.79 of the Labour Code and in other cases provided by the legislation. In case of the recalling an employee from his/her leave, his/her work should be paid based on the amount that was accrued for payment of unused portion of leave.
