Responsibility for not giving the employee a leave

It is worth knowing that under Ukrainian law, an employee may not be deprived of full-year (basic and additional) annual leave for two consecutive years (Part 4 of Article 80 of the Labor Code, Part 5 of Article 11 of Law No. 504).

The employer is financially liable for such misconduct and there is an administrative liability (as a rule, for directors)..

Let's take a closer look.

What financial responsibility is envisaged?

In this case, financial sanctions are applied to the employer in accordance with paragraph eight of Part 2 of Art. 265 Labor Code - for “violation of other requirements of labor law”, the fine is 1 minimum wages. Please note that if such a violation was committed against several employees at the same time, the employer should pay one fine for all. After all, this provision does not provide for the imposition of a fine for violations pertaining to each employee.

Concerning the limitation period for the application of financial sanctions they are not foreseen under Part 2 of Art. 265 of the Labor Code. The only restriction: these penalties can only be applied for violations committed after 01/01/2015, since they were introduced into the Labor Code from that date.

Fines are imposed on the employer on the basis of the decision of the State Labor Authority - according to the rules stipulated by the Procedure for imposing fines for violation of the legislation on labor and employment of the population, approved by the Cabinet of Ministers resolution of 17.07.2013, No. 509.

What administrative responsibility is provided?

Violation in the form of failure to provide employee leave falls under the concept of "Other violations of the requirements of the legislation on work" (Part 1 of Article 41 of the Code of Administrative Offenses). The fine for such violation is from 30 to 100 non taxed minimum of citizens' income. And for repeated violations within a year after being brought to administrative responsibility or if such violations are committed against a minor employee, a pregnant woman, a single father, a mother or a person who replaces them and is raising a child under 14 years or a disabled child (Part 2 of Article 41 Code of administrative offences) the fine ranges from 100 to 300 non taxed minimum of citizens' income.

The limitation period for the application of administrative penalties is set by Art. 38 of the Code of Administrative Offenses and in this case is: for one-time violations - 3 months from the moment of their implementation, and for the continuing ones - 3 months from the moment of their detection.

Note, only be a court can impose a fine under Art. 41 of the Code of Administrative Offenses. At the same time, the State Labor authorities are authorized to draw up a report for such violation (Article 255 of the Code of Administrative Offenses).

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