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Ministry of Social Policy has placed emphasis on the importance of granting leave

Ministry of Social Policy has placed emphasis on the importance of granting leave

Ministry of Social Policy, in its letter dated 06.09.2012, № 2602/1/18/12-zv) noted the ban for failure the annual leave of not less than 24 working days for two consecutive years.


Failure to provide such leave or out of time determined by the Law of Ukraine "On leave" and the Labour Code of Ukraine, is a gross violation of Ukrainian legislation on labour, for which the employer can impose an administrative penalty of a fine. Thus, the rules of the Administrative Code reinforce the position according to which in case of a default in the provision of annual leave in terms of certain art. 10 of the Law of Ukraine "On leave" and Art. 79 of the Labour Code of Ukraine, Local State Inspectorate of Labour may impose an administrative penalty on the head of the company or any person authorized by him in the form of a fine of 15 to 50 non-taxable minimum incomes of citizens (255 - 850 UAH. respectively.)

 

However, the current legislation of Ukraine is not fixed the date after which the employee becomes entitled to annual leave, and the prohibition to grant annual leave in the event of failure to use them does not.

 

It should be noted that in case of non-annual leave in the event of dismissal, at the request of the employee, he is entitled to be paid for any annual leave that has not been used as, and / or replace a portion of annual leave monetary compensation accordingly.