The employer wants to cancel an already approved vacation: does he have the right to do so
Even if an urgent production need arises at the enterprise, the employer does not have the right to unilaterally cancel or postpone an already arranged annual vacation of the employee. The legislation does not provide for the concept of "vacation cancellation," and its postponement is possible only in cases defined by law and, if the initiative comes from the employer, exclusively with the employee's written consent. In addition, labor legislation establishes guarantees that do not allow depriving employees of the right to annual rest.
Can the employer cancel an already arranged vacation?
The labor legislation does not contain the concept of "vacation cancellation." Instead, a mechanism for postponing annual leave is provided.
Without the employee's consent, the employer does not have the right to postpone annual leave. Postponement can be carried out at the employee's request, at the employer's initiative, or for other reasons defined by law.
In which cases does the employee have the right to demand the postponement of vacation?
According to Article 11 of the Law of Ukraine dated November 15, 1996 No. 504/96-VR "On Vacations," annual leave at the employee's request must be postponed to another period in case of:
- the employer's violation of the deadline for written notification of the employee about the time of granting the vacation;
- untimely payment of the employee's salary for the period of annual leave.
When is vacation postponed or extended obligatorily?
The law also provides cases when annual leave must be postponed to another period or extended. This applies to situations if, during the vacation or before its start, the following circumstances occur:
- temporary incapacity of the employee, confirmed in the prescribed manner;
- performance of state or public duties, if according to the law the employee is released from main work during this time with salary preservation;
- the onset of leave related to pregnancy and childbirth;
- coincidence of annual leave with educational leave.
When can the employer postpone the vacation?
At the employer's initiative, annual leave can be postponed only as an exception.
Several conditions must be met simultaneously for this:
- the employee must give written consent;
- the decision must be agreed with the elected body of the primary trade union organization (trade union representative) or another body authorized to represent the labor collective;
- granting leave at the previously determined period would adversely affect the normal operation of the enterprise;
- the employee must have used part of the annual leave lasting at least 24 calendar days in the current working year.
How is the new vacation date determined?
If annual leave is postponed, the new date for granting it is established by agreement between the employee and the employer.
If the reasons for postponement arose during the use of the vacation, the unused part is granted after the cessation of the circumstances that interrupted the vacation or, by agreement of the parties, postponed to another period in compliance with the requirements of Article 12 of the Law of Ukraine "On Vacations."
What restrictions does the law establish?
When postponing vacation, the employer must take into account the guarantees established by law.
In particular, it is prohibited to:
- not provide the employee with the full duration of annual leave for two consecutive years;
- not provide annual leave during the working year to persons under 18 years of age;
- not provide leave during the working year to employees entitled to additional annual leave for work in harmful and difficult conditions or with a special nature of work.
Thus, the employer's reference to production necessity by itself does not give him the right to cancel or postpone an already arranged annual leave without the employee's consent. The law allows this only if all defined conditions are met, and the employee's right to annual rest remains protected.
Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, page on Facebook and on Instagram to stay informed about the most important events.
