The CCU will review the constitutionality of the wartime leave without pay provision

Olha Bereziuk

Ombudsman Dmytro Lubinets challenged in the Constitutional Court of Ukraine (CCU) the provisions of the law on labor relations under martial law, which relate to the granting of unused vacation days.

The text of the submission is published on the CCU website.

Lubinets explained that now, according to Law No. 2136-IX, the employer can:

  • individually limit the provision of annual basic leave to 24 days;
  • carry over vacation days unused during martial law to the period after the cancellation of martial law;
  • to grant unused vacation days in excess of 24 days without retention of salary;
  • to provide unused days of such leave without salary after the termination or cancellation of martial law — until the time of use of the days of leave that were transferred;
  • deny the employee unused vacation days during martial law.

The Ombudsman emphasized that payments for annual (main and additional) vacations are components of wages. Unused annual leave days may not be granted at the discretion of the employer without salary.

He also emphasized that according to Art. 64 of the Constitution of Ukraine allows the limitation of rights during martial law, but not their cancellation. Therefore, the term of validity of such restrictions must have specific terms and be provided by law, and not by the actions of the employer.

Lubinets says that the unconstitutionality of certain provisions of Law No. 2136-IX in the edition of November 22, 2023 was also confirmed by the scientific and expert conclusions of the scientific community.