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Under what conditions can a worker be deprived from a leave?

The grounds when the employer may withdraw the employee from the annual leave are provided in Part 8 of Art. 79 Labor Code and Part 3 of Art. 12 of Law No. 504 ("On Leave").

In particular, this is possible only if two conditions are met simultaneously, when:

- there are legitimate grounds for depriving an employee from a leave (to prevent a natural disaster, industrial accident or immediate elimination of their consequences, to prevent accidents, downtime, loss or damage to property of the enterprise);

- the employee agrees to interrupt his annual leave.

The employer must provide the unused part of the leave to the employee by the end of the working year or, as a last resort, during the next working year, this rule is enshrined in Part 2 of Art. 12 of Law No. 504.

In case of withdrawal of a worker on leave, his work is paid on the basis of the amount that was accrued on payment of unused part of the leave.

How to correctly recall an employee on annual leave?

To withdraw from leave, an order or instruction must be drawn up. In doing so, the employee must confirm his / her consent to withdrawal in writing. This may be a statement or a concordant inscription in the order.

Please note that in case of recalling an employee on annual leave without a legitimate reason, the employer may be held financially liable (Part 2 of Article 265 of the Labor Code). Yes, the fine for such violation is 1 minimum wage (since January 1, 2020 - it is 4723 UAH) And its officials can be held administrative liability (Article 41 of the Code of Administrative Offenses). The amount of the administrative fine for such violation is - from 30 to 100 non taxed minimum of citizens' income (510-1700 UAH).

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