Granting and use of vacations: The Constitutional Court opened proceedings on the Ombudsman's submission
Kyiv • UNN
The Constitutional Court of Ukraine opened constitutional proceedings on the unconstitutionality of provisions on granting and using vacations upon the submission of the Ombudsman.
The Constitutional Court of Ukraine will consider the unconstitutionality of these provisions on the granting and use of vacations. UNN writes with reference to the press service of the Ukrainian Parliament Commissioner for Human Rights.
Details
The Constitutional Court of Ukraine opened constitutional proceedings in the case based on the constitutional petition of the Ukrainian Parliament Commissioner for Human Rights regarding the constitutionality of provisions on granting and using vacations.
Context
Ombudsman Dmytro Lubinets filed a constitutional petition with the Constitutional Court of Ukraine to declare unconstitutional certain provisions of the Law of Ukraine "On Organization of Labor Relations under Martial Law" (No. 2136-IX of March 15, 2022). It concerns the regulation of the granting and use of vacations, as well as other issues.
Payments for annual (basic and additional) vacations are components of salary. Unused days of annual leave cannot be granted by the employer's decision without pay, as Article 45 of the Constitution of Ukraine provides that annual leave is paid and its duration is determined by law. Moreover, according to Article 64 of the Constitution of Ukraine, rights may be restricted during martial law, but not canceled. Therefore, the duration of restrictions imposed in connection with martial law should be fixed and stipulated by law, not by the employer's actions," the Ombudsman noted.
The Ukrainian Parliament Commissioner for Human Rights emphasizes that the disputed provisions, which changed the procedure for granting unused days of annual basic leave for the period of validity, as well as after the termination or abolition of martial law, are inconsistent with part 1 of Article 8, parts 2-3 of Article 22, Article 45 and Article 64 of the Constitution of Ukraine.
