According to the vacation schedule, the employee should go on vacation, but the employer refuses to grant 24 calendar days of vacation (agrees to grant 22 days) due to martial law. Does the employee have the right to a full-time vacation? Responsible for the Department of Inspection Activities in the Cherkasy Region of the Central Interregional Department of the State Labor Service.
Yes, the employee has the right to annual leave of full duration – 24 calendar days.
According to Article 10 of the Law of Ukraine “On Vacations”, the employee’s right to annual basic and additional vacations of full duration in the first year of work begins after six months of continuous work at the given enterprise.
If the employee is granted the specified annual leave before the end of the six-month period of continuous work, their duration is determined in proportion to the time worked.
Thus, an employee who works at the company for 11 months is entitled to all types of full-time annual leave.
Please note that in accordance with Article 12 of the Law of Ukraine “On the Organization of Labor Relations under Martial Law” during the period of martial law, annual basic paid leave is granted to employees for a duration of 24 calendar days.
During the period of martial law, the employer may refuse to grant an employee any leave (except leave in connection with pregnancy and childbirth and for the care of a child up to the age of three), if such an employee is involved in the performance of work. on critical infrastructure facilities.