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").
According to the provisions of Article 38 of the Labor Code of Ukraine, an employee has the right at any time to terminate an employment contract concluded for an indefinite period by giving the employer a written notice two weeks before. Such an employer's notice of subsequent dismissal is the duty of the employee.
It is worth noting that the legislation does not clearly define the concept of "labor intensity", so when establishing this supplement, the general concept of "labor intensity" is taken into account, namely labor intensity is hard work that provides the highest productivity.
The State Regulatory Service categorically opposed the initiatives of the Ministry of Social Policy regarding the transfer of workers who work as individual enterpreuners under labor contracts, as it gives the risks to the Ukrainian economy.
As observed in the SRS, the average burden of the business entity on the simplified system of taxation is not less than that of other economic entities.
On February 20, 2019, the Verkhovna Rada registered the Bill No. 10069 "On Amendments to the Labor Code of Ukraine on the Enhancement of the Protection of Employees' Rights in the Conclusion of an Employment Contract and Dismissal from Work".
The right to leave at work is retained for a worker who has warned the owner or his authorized body of release on his own will, during the two-week period.
Therefore, the dismissal of an employee within a two-week period after filing an application for his release on his own will violates his right to withdraw such a statement and to remain at work.
The only exception is when another person was invited to his place, which, according to the law, can not be refused the conclusion of an employment contract.
This was indicated by the Supreme Court, maintaining the decision of the courts of the previous instances on the renewal of the employee who was dismissed in this way at work.
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