Transfer to another job: does unused vacation expire
When transferring an employee to another workplace, special attention is paid to the issue of unused annual leave and the peculiarities of its consideration after changing the employer.
The Federation of Trade Unions of Ukraine explained that after the adoption of Law No. 2352-IX on the optimization of labor relations, changes were made to the labor and leave legislation. In particular, certain provisions regulating granting and compensation of leave were removed from the Labor Code and the Law "On Leaves."
These changes, effective from July 19, 2022, abolished the mechanism that allowed employees, when transferred from one enterprise, institution, organization (hereinafter - enterprise) to another enterprise, institution, organization, who did not fully or partially use their annual main leave at the previous workplace, to receive the unused part of the leave at the new workplace.
Upon dismissal of an employee in accordance with Article 116 of the Labor Code, a full and final settlement must be made with him, and if there are grounds provided by part 1 of Article 83 of the Labor Code, monetary compensation must be paid for all unused leave days in accordance with the legislation.
The new employer has no obligations regarding the relations the employee had with the previous employer.
Also, according to the mentioned Law No. 2352, paragraph 8 of part 7 of Article 10 of Law No. 504 was excluded, which provided that employees who did not fully or partially use their annual main leave at the previous workplace and did not receive monetary compensation for it were granted full-length leave before the end of the 6-month period of work at the new workplace.
Thus, after changing the mechanism for granting annual leave when transferring to another enterprise, annual leave for employees hired in connection with the transfer by the new employer is granted in the general manner provided by Article 10 of Law No. 504.
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