Can the term of grant of vacation foreseen by the schedule be fixed a different date?
Can the term of grant of vacation foreseen by the schedule be fixed a different date?
Answer:
The grant of vacation is carried out on the basis of obligatory for observance by both a proprietor and worker of the schedule of vacations. But the origin of circumstances which force fix annual vacation a different date is possible.
Such circumstances can be divided into three groups:
– what arise up on initiative of worker (part 1 of article 80 of Labour Code of Ukraine, part 1 of article 11 of Law «On vacations»);
– related to the offensive of unforeseen circumstances (part 2 of article 80 of Laws on Labour Code, part 2 of article 11 of Law is «On vacations»);
– related to the initiative of employer (part 3 of article 80 of Laws on Labour Code, part 3 of article 11 of Law is «On vacations»).
For all of the circumstances listed above such moments are general:
– the new term of vacation is subject a concordance between a worker and employer (part 4 of article 80 of Laws on Labour Code and part 4 of article 11 of Law is «On vacations»);
– if reasons which stipulated fixing annual vacation a different date arise during its use, the unused part of annual vacation is given upon termination of action of reasons which cut it short, or under concordance of parties fixed a different date with the observance of requirements of article 12 of Law «On vacations». 06.02.2009
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