of November 15, 1996 No. 504/96-BP
About leaves
This Law establishes the state guarantees of the right to leaves of workers, determines conditions, duration and procedure for provision to their workers for recovery of working capacity, strengthening of health, and also for education of children, satisfaction of own vital requirements and interests, all-round development of the personality.
The state guarantees and the relations connected with leave are regulated by the Constitution of Ukraine, this Law, the Labor code of Ukraine, other laws and regulatory legal acts of Ukraine.
The citizens of Ukraine consisting in employment relationships with the companies, organizations, the organizations irrespective of patterns of ownership, type of activity and industry accessory, and also working according to the employment contract for physical person have the right to leaves (further the company).
The foreigners and stateless persons working in Ukraine have the right to leaves on an equal basis with citizens of Ukraine.
The right to leaves is provided:
the guaranteed provision of leave of certain duration with preserving for its period of place of employment (position), the salary (benefit) in the cases provided by this Law;
prohibition of replacement of leave with monetary compensation, except cases, the stipulated in Article 24 presents of the Law.
At the request of the worker in case of its dismissal (except dismissal for violation of labor discipline) unused leave with the subsequent dismissal shall be granted to it. Date of dismissal in this case is the last vacation day.
In case of dismissal of the worker in connection with the expiration of the employment contract unused leave can at his desire be provided and when leave time fully or partially exceeds the term of the employment contract. In this case action of the employment contract is prolonged before the end of leave.
The following leave types are established:
1) annual leaves:
main leave (article 6 of this Law);
additional vacation for work with harmful and severe conditions of work (article 7 of this Law);
additional vacation for special nature of work (article 8 of this Law);
other additional vacations, stipulated by the legislation;
2) additional vacations in connection with training (Articles 13, 14 and 15 these Laws);
3) sabbatical leave (article 16 of this Law);
3-1) leave for preparation and participation in competitions (article 16-1 of this Law)
4) social leaves:
maternity leave (article 17 of this Law);
child care leave before achievement of three-year age by it (article 18 of this Law);
adoption leave of the child (article 18-1 of this Law);
additional vacation to the workers having children or the full age child - person with disability since the childhood of subgroup And the I group (article 19 of this Law);
leave in case of the child's birth (article 19-1 of this Law).
5) leaves non-paid (Articles 25, 26 these Laws).
Other leave types can be established by the legislation, the collective agreement, the agreement and the employment contract.
The leave duration is determined by this Law, other laws and regulatory legal acts of Ukraine and irrespective of the modes and working schedules is estimated in calendar days.
Festive and non-working days (Article 73 of the Labor code of Ukraine) in case of determination of duration of annual leaves and additional vacation to the workers having children or the full age child - person with disability since the childhood of subgroup And the I group (article 19 of this Law), are not considered.
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