The Law of Ukraine On Vacations
Date of Entry into Force: January 1, 1997
The Law sets state guarantees of the right to vacations, determines conditions, duration and procedure of their grant to the employees for satisfaction of own needs and interests and comprehensive development of a personality.
The right to vacations shall have the citizens of Ukraine, who are in labor relations with enterprises, institutions, organizations regardless of ownership forms, type of activities and branch belonging, as well as those who work by labor agreement.
The Law establishes the following types of vacations: 1. annual: · basic vacation (not less than 24 calendar days long. For employees of some branches of industry vacations may be up to 56 days long); · additional vacations for doing harmful and difficult jobs (up to 35 days long); · additional vacations for special character of work (depending on performed job additional vacations may be from 7 to 35 days long); · other additional vacations envisaged by the legislation; 2. additional vacations due to education (length of vacation depending on the type of studies may be from 6 to 40 calendar days); 3. creative vacation; 4. social vacations: · vacations due to pregnancy and delivery (length of vacations before delivery - 70 calendar days, after delivery - 56 calendar days (70 calendar days in case of birth of two and more children and in case of complicated delivery), starting from the day of delivery); · vacations for child care until s/he is three years old; · additional vacations to the employees who have children (annual additional paid vacation 7 calendar days long without taking into account holidays and days-off); 5. vacations without saving salary.
Norms of the Law determine time periods which give the right to vacations. It is stipulated that total duration of annual basic and additional vacations shall not exceed 59 calendar days and for the employees doing underground mining jobs - 69 calendar days.
During the first working year the employee shall have the right to annual basic and additional vacations of full length after the end of six months of continuous work at the enterprise. In case of granting vacations to the employee before the end of six-month term, its duration shall be determined in proportion to the period of work.
Turn of vacations shall be determined by schedules. While making schedules interests of production, personal interests of the employees and possibilities of their rest shall be taken into account. The owner or authorized by it body shall keep record of vacations which are granted to the employees.
The Law stipulates cases when time of vacations may be postponed. To such grounds shall refer: 6. temporary disability of an employee certified according to the set procedure; 7. fulfillment by an employee of state or public duties; 8. other cases.
On request of an employee annual vacations may be divided into parts of any duration provided that its basic unbroken part makes not less than 14 calendar days.
The owner (authorized by it body) may recall the employee from annual vacations only with the employee's consent therein. Grounds for recall may be prevention of natural disaster, industrial accident or urgent liquidation of their consequences, prevention of accidents, stoppage, destruction or damage of property of the enterprise.
Salary for vacations period shall be paid to the employees not later than three days before its start. Expenses connected with payment of vacations shall be covered from those funds of enterprises which are intended for job payment or at the expense of funds of the natural person who employs employees by labor agreement. In case the employee is dismissed s/he shall be paid monetary compensation for all unused annual vacations.
Supervision over adherence to the legislation on vacations shall be conducted by the specially authorized to it state bodies and inspections, which are independent in their activity of the owner or authorized by it body.