The Constitutional Court of Ukraine recognized the restriction of the right to paid leave for minors and persons with disabilities as unconstitutional
The Grand Chamber of the Constitutional Court of Ukraine, in closed parts of plenary sessions, considered a number of cases based on constitutional submissions, including the submission of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights Dmytro Lubinets regarding the compliance of certain legislative provisions with the Constitution.
As reported by the ombudsman, based on his constitutional submission, the Constitutional Court protected the right to paid leave for minors and persons with disabilities.
According to Dmytro Lubinets, the subject of constitutional control was the provisions of the Law of Ukraine "On the organization of labor relations under martial law," which allowed employers to limit or not pay part of the annual leave for children and people with disabilities.
The Grand Chamber of the CCU concluded that such norms do not comply with the Constitution of Ukraine. Providing guaranteed by law leave without pay is inconsistent with the principles of decent work and effectively nullifies the essence of a social state.
As a result of the consideration of the constitutional submission, the disputed provisions of the law were recognized as unconstitutional and lost their force from the day the decision was adopted.
Dmytro Lubinets noted that this decision is an important step in protecting the labor rights of citizens and confirms that even under martial law, the state cannot narrow the rights of persons who require special social protection.
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