The rest is canceled. Are citizens eligible for vacation and state weekends during the war
For example, according to the Code, as a general rule, the duration of the annual basic leave should be at least 24 calendar days for the working year, which is counted from the date of conclusion of the employment contract. However, some categories of employees provide for another duration of annual basic leave. In this case, the duration of their leave may not be less than 24 days.
For example, judges are granted an annual paid leave of 30 working days with payment, except for judicial remuneration, assistance for recovery in the amount of salary. Judges who have more than 10 years of service are provided with an additional paid leave of 15 calendar days.
The Law on Leave also provides for a number of exceptions to the general rule, for example: after the introduction of martial law in Ukraine, the Verkhovna Rada adopted the Law "On Organization of Labor Relations in Martial Status", which somewhat changed the rules of the game. In particular, at the time of martial law, granting an annual basic leave by the employer may be limited to 24 calendar days for the current year.
If the duration of the annual basic leave is more than 24 calendar days, the provision of days not used during the martial law shall be postponed for the period after termination or abolition of martial law. Also, at the time of martial law, the employer may refuse the employee to grant unused days of annual leave. At the time of martial law, granting an annual basic leave by the employer may be limited to 24 calendar days for the current year. There are other prohibitions.
Thus, during the period of martial law norms are not applied: in the case of dismissal of an employee during the period of martial law, he is paid monetary compensation for unused vacation. The employer may also refuse an employee to provide any type of vacation (except for pregnancy and childbirth leave and childcare leave for up to 3 years), if such an employee is involved in the performance of work on critical infrastructure.
However, at the request of an employee, the employer may grant him a leave without salary and without restriction of the term set in the Law on Leave (no more than 15 calendar days per year).
At the request of an employee who went beyond Ukraine or acquired the status of an internally displaced person, it is obligatory granting him a leave without saving the salary lasting in the application, but not more than 90 calendar days (without enrollment time , which gives the right to annual basic leave). Summarizing the above, employees have the right to leave, but this right is exercised with certain features.
In general, at the time of martial law, the provisions of the legislation, which regulates the issue of official holidays and non -working days, were suspended. Therefore, there are no relevant days during martial law. At the same time, the employer has the opportunity to independently set the work schedule of the enterprise.
In such circumstances, if there is a industrial need, the employer may bring employees to work - the working day will be paid in the usual amount and included in the length of service entitled to paid leave. If there is no production need, the employer can set a schedule of work of an enterprise that takes into account the holidays. But Saturday and Sunday remain weekends.
That is, if the introduction of martial law was a day off, the day off was postponed to the next after holiday or non -working, but after the introduction of the martial law such a transfer does not occur.
And if the public holiday does not fall on the day off, but on the working day (for example, in 2023 on August 24 - Independence Day of Ukraine, it falls on Wednesday), most likely it will be a normal working day, because, following the example of 2022, the predominant Most employers did not make this day a day off. It is safe to say that most employers regard such days as workers. Yes, they should. During the war, paying on weekends is paid at a single rate.