Article 45 of the Constitution of Ukraine, Chapter V of the Labour Code of Ukraine of 10.12.1971 (hereinafter - the Labor Code), the Law of Ukraine “On Leaves” of 15.11.1996, № 504/96-ВР (hereinafter − Law № 504) and other regulatory legal acts guarantee the right to leisure for everyone who works. More information about leaves is in the following.
According to Art.2 of the Law № 504, citizens of Ukraine, who are in labor relations with companies, institutions, organizations regardless of ownership forms, type of activity and industry classification of establishment as well as those who work for an individual under an employment contract, have the right to leave. Foreigners and stateless persons, who work in Ukraine, have right to leave on a par with the citizens of Ukraine.
Leave entitlement is provided by:
- guaranteed provision of leave of a certain duration with keeping of work place (position) and wages (assistance) during the leave;
- prohibition of substitution of leave with monetary compensation, except for the cases under Art.24 of the Law № 504.
This right does not apply to citizens who perform work under a labor agreement (contract agreement) that refers to civil contracts, the conclusion of which is governed by the rules of civil law.
According to Art.24 of the Law № 504:
- in the case of dismissal of an employee, monetary compensation should be paid for all unused days of an annual leave as well as additional leave to employees who have children or adult child − disabled since childhood of the subgroup A of group I;
- in the case of dismissal of governing, teaching, scientific, academic staff, educational specialists who worked before the dismissal not less than 10 months, monetary compensation should be paid for unused days of annual leave on the basis of their full duration;
- in the case of a transfer of the employee to another company, monetary compensation should be credited to the account of the company, where the employee transferred, for unused days of leave under the request;
- a part of an annual leave is substituted with monetary compensation at the request of the employee. In this case the duration of the annual and additional leave granted to him/her should not be less than 24 calendar days;
- substitution of leave with monetary compensation is prohibited for people under the age of 18;
- in the case of death of an employee, monetary compensation for unused days of an annual leave and additional leave to employees, who have children or adult child - disabled since childhood of subgroup A of group I, should be paid to the heirs.
At the request of the employee in case of his/her dismissal (except dismissal for violation of labor discipline) he/she should be given unused leave followed by dismissal. In this case the last day of leave is the date of dismissal (Art. 3 of the Law № 504).
Failure to submit annual leave for employees by the employer of full duration of the terms defined by the Law № 504 of the Labor Code is a flagrant violation of labor legislation, for which he/she can be brought to responsibility in accordance with the law.
If an employee due to some reasons did not exercise his/her right to annual leave for a few previous years, he/she has the right to use them, and in the case of dismissal, regardless of the reason, he/she should be compensated for all unused days of annual leave in accordance with Art.24 of the Law № 504.
Types of annual leaves are given in the Art.4 of the Law № 504. They include:
1) annual leaves:
- basic leave (Article 6 of the Law № 504.);
- additional leave for work in hazardous and difficult working conditions (Article 7 of the Law № 504.);
- additional leave for the special nature of the work (Article 8 of the Law № 504.);
- other additional leaves provided for by the legislation;
2) additional leaves because of training (Articles 13, 14, 15 of the Law № 504);
3) sabbatical leave(Article 161 of the Law № 504);
4) leave for training and participation in competitions (Article 161 of Law № 504);
5) social leaves:
- maternity leave (Article 17 of the Law № 504);
- childcare leave up to the age of three years (Article 18 of the Law № 504);
- leave in connection with the adoption of a child (Article 181 of Law № 504.);
- additional leave for employees who have children or adult child − disabled since childhood of the subgroup A of group I (Article 19 of the Law № 504);
6) unpaid leaves (Articles 25, 26 of the Law № 504).
Any other types of leave could be established by the legislation, collective contract, agreement or employment contract.
