Due to the COVID-19 pandemic and martial law, the legislation on employee rest time has undergone changes. Such innovations are provided for in the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Regulation of Provision and Use of Vacations, as well as Other Matters," which entered into force on December 24, 2023.
So in this article we will consider the main rules of the new Law.
- The procedure for transferring weekends and working days
From now on, employers have the right to postpone working days and weekends without recommendations from the Cabinet of Ministers of Ukraine.
Such an order is defined in:
- labor or collective agreement
or
- orders (orders) of the employer, in agreement with the trade union or an authorized employee representative.
We draw your attention to the fact that the order (order) is issued only when the procedure for rescheduling working days and days off is not established in the labor or collective agreement.
- Peculiarities of granting vacations during martial law
The innovations also apply to the Law of Ukraine "On the Organization of Labor Relations in Martial Law". Starting from December 24, 2023, the employer can provide:
- unused days annual basic leave, which is greater than 24 days, as leave without salary;
- any type of vacation in addition to annual basic leave (and unused days of such vacations) without retention of wages, with the exception of leave in connection with pregnancy and childbirth, with the adoption of a child and for the care of a child until he reaches the age of 3.
Such provisions do not apply to managers of educational institutions and educational institutions, educational (pedagogical) units (subunits) of other institutions and institutions, pedagogical, scientific-pedagogical and scientific workers.
At the same time, as explained by the Ministry of Economy, if the employer decides to grant leave without salary, then he is obliged justify your decision and to document the circumstances that caused such necessity.
Another change for the period of martial law is the right of the employer to refuse to grant leave to an employee, involved in work on the production of defense goods or in the execution of a mobilization task (order). This does not apply to leave due to pregnancy and childbirth and leave to take care of a child before the child reaches the age of 3.
Previously, the employer could refuse to grant vacations only to an employee involved in the performance of work on critical infrastructure facilities.
- Annual additional leave
It was added that the duration of annual additional vacations, conditions and the procedure for their provision are now determined not only by the normative legal acts of Ukraine, as well as a labor and/or collective agreement.
- Childbirth leave
Now you can get maternity leave no later than 3 months after the child's birth.
The list of persons to whom leave is granted and the conditions for granting it have also been specified, in particular:
- the child's father, who is not married to the child's mother, but lives with her, based on the child's mother's statement and the child's birth certificate;
- to a grandmother, grandfather, or other adult relative who actually takes care of a child whose mother (father) is a single mother (single father), based on the application of the child's single mother (single father).
Before the changes, the provision of such documents was not required.
- Leave after discharge from military service and the procedure for compensation for leave for military personnel
For employees who were released from military service due to the end of a special period or the announcement of demobilization granted the right to leave for up to 60 calendar days without salary.
Therefore, if the employee wishes to receive such leave, the employer is obliged to grant it. In addition, leave after discharge from military service will be included in the length of service.
In turn, servicemen who are still carrying out any of the types of military service can to receive compensation for all unused annual and additional vacation days on the basis of the application that is submitted no later than the last day of the month in which the employee was called up for military service.
Please note that compensation for unused annual additional leave provided only to employees, who have children or an adult child with a childhood disability of subgroup A of group I.
- Vacation at own expense
According to the updated rules, leave for family reasons and other reasons will be granted no more than 30 calendar days per year.
At the same time, during the threat of the spread of an epidemic, pandemic or the threat of armed aggression against Ukraine, leave without salary may be granted without a time limit of 30 days. In this case, the term is determined by agreement of the employee and the employer.
Separately, the legislator indicated that such vacations will not be taken into account in the length of service.
- Leave for union training
Previously, the Law of Ukraine "On Trade Unions, Their Rights and Guarantees of Activity" provided for additional leave paid at the employer's expense for employees undergoing trade union training.
However, according to the new changes the average salary will be compensated be carried out at the expense of the trade union organization, by whose decision such an employee is sent to trade union training.
- Leave for participation in sports competitions
Such vacations will be granted for training and participation in all-Ukrainian and international sports competitions. At the same time,rivalry, procedure, terms of granting and paying leave will be determined, not like earlier - by the Cabinet of Ministers of Ukraine, and labor and/or a collective agreement.
Given the number of changes in the procedure for granting and using vacations, we recommend that both employers and employees familiarize themselves with the innovations in more detail in order to be aware of their labor rights and know how to protect themand
