STEP 1. Adoption of the vacation schedule

Please note that the creation of a vacation schedule is mandatory for all employers, according to Art. 10 of the Law "On Vacations" dated November 15, 1996 No. 504/96-VR. The specified norm stipulates that the order of granting of holidays is determined by the schedule, which is approved by the employer in agreement with the elective body of the primary trade union (trade union representative) or other authorized representative for the labor collective body and is brought to the attention to all employees.

At the same time, the effect of the relevant law applies to all categories of employers. Thus, the requirement to draw up a vacation schedule applies also to natural persons who use hired labor.

Moreover, the absence of an employer's schedule of holidays is the basis for bringing officials to administrative liability under Art. 41 KUpAP (fine from 30 to 100 nm.de - from 510 to 1700 UAH).

Such a vacation schedule is in advance. In this case, the actual number of vacationers employed may differ from those planned.

Each employer has the right to draw up a schedule in an arbitrary form or to develop its own form (the letter of the Ministry of Labor of 13.05.2010 № 140/13 / 116-10). It indicates the month of the start of the vacation, sometimes - the month of the start of the vacation and the month of its completion, or a specific start date of the vacation.

The specific period for granting annual leave within the limits set by the schedule is agreed between the employee and the employer, who is obliged to inform the employee in writing about the date of commencement of the vacation not later than two weeks before the scheduled time period.

It should be remembered that the Ukrainian labor legislation has established a pre-emptive right to receive a vacation in a convenient time for the employee:

• Persons under the age of 18;

• invalids;

• women before or after maternity leave;

• women who have two or more children under the age of 15 or a disabled child;

• a single mother (father) who carries a child without a parent (mother); guardians, trustees or other single persons who actually bring up one or more children under the age of 15 in the absence of parents;

• wives (men) of military personnel;

• veterans of work and persons who have special labor merits to the Motherland;

• veterans of war, persons who have special merits before the Motherland, as well as persons covered by the Law "On the Status of War Veterans, Guarantees of Their Social Protection" of 22.10.1993 № 3551-XII;

• parents - educators of family-type orphanages;

• in other cases stipulated by law, collective or employment contract.

STEP 2. Creating a vacation reserve

Enterprises should create a reserve for annual basic and supplementary leave and additional leave for workers with children.

Reserves may not be created (Section 8, Section І П (С) БО 25) by subjects of microenterprise. According to Art. 55 CCU microenterprises are, in particular, legal entities of any legal form and property in which, for the last calendar year, the average number of employees does not exceed 10 persons and the annual income does not exceed the equivalent of 2 million euros at the average annual rate of the NBU .

STEP 3. Provide a notifacation about the start of your vacation

The worker must notify pf the start date of the vacation no later than two weeks before the scheduled time limit. In this case, the form of notification of the date of commencement of leave is not legally established, and therefore the notice is arbitrary. The same applies to a document that can be arranged for the approval of a specific vacation period. In practice, a statement from the employee often is used for this.

STEP 4. Application for leave

The legislation provides that the application for leave from an employee takes place in the event of his disagreement with the terms in the previously drawn up vacation schedule or in the absence of such a schedule from the employer. Otherwise,  the order of a vacation is enough. The final decision, whether to provide such an unplanned vacation, is taken by the head (letter of the Ministry of Labor of 13.05.2010 № 140/13 / 116-10).

At the same time, Art. 11 of Law No. 504 stipulates that an annual leave on the demand of an employee must be transferred to another period in the case of:

• Violation by the employer of the written notice of the employee about the time of leave;

• Untimely payment by the employer of vacation.

An annual leave must be postponed to another period or extended in the following circumstances:

• temporary incapacity of the worker;

• performance by the employee of state or public duties, if according to the law he is subject to the release of his current work on salary maintenance;

• The onset of maternity leave due to pregnancy and childbirth;

• coincidence of annual leave with leave due to training.

STEP 5. Vacation order

To report a worker on a specific vacation period, employers can use the standard form of order No. П-3 "Order (leave)".

STEP 6. Payment of vacation fees

Art. 74 Labor Code provides that annual leave is granted to employees with the preservation of their place of work and salaries during their period. Employees pay salary during the holiday pay not later than three days before its beginning (Article 115 of the Labor Code).

Please note: the specified norm refers to calendar days (the letter of the Ministry of Social Policy of 26.06.2009 № 155/13 / 116-09).

STEP 7. Tailoring of vacations

Upon request, the employer can observe vacationers. To do this, you can apply the Model No. P-5 "Accounting for the use of working time", although, it should be noted, this is not mandatory. In such a form, the card should be marked with the leave of the employee. Yes, annual holidays are indicated by the code "B" (or by the digital code "08"), and the annual supplementary ones are marked with the code "D" (or the digital code "09").