Suspension of the Employment Contract: Does the Employee Have the Right to Annual Leave
In Ukraine, employees often face questions regarding their labor rights during the suspension of the employment contract. One of the most common questions is whether the right to annual leave is retained during this time and whether leave days are accrued.
The State Labor Service clarified that during the suspension of the employment contract, the right to annual leave does not arise.
During the suspension of the employment contract, the employer is not obliged to pay the employee's salary, nor to make guarantee and compensation payments. The exception is only the amounts owed to the employee on the day the employment contract was suspended.
Additionally, during this period, the employer is not required to provide working conditions necessary for performing work as stipulated by labor legislation, collective agreements, or the employment contract.
The employer is also not obliged to grant, pay for, or compensate any types of leave, rest days, pay temporary disability benefits, or submit statements and calculations required by the legislation on compulsory state social insurance.
Thus, the period of suspension of the employment contract is not counted towards the period during which the employee acquires the right to annual paid leave.
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