Working time is considered as any period when an employee is at their company’s disposal and carries out their duties. This period is, by law, limited to a certain number of hours per week, including overtime. Employees also get a so-called time off, which is a set number of days per year when they can rest and recharge. The law stipulates the annual leave entitlement and specifies the possible circumstances for additional leave. This article outlines the labour law aspects of working time and vacation in Ukraine.

Working time in Ukraine

Article 50 of the Labour Code stipulates the normal working hours for employees – it cannot exceed 40 hours per week. For every employee, overtime should not exceed 4 hours for two consecutive days, which makes a maximum of 120 hours per year (Article 65 of the Labour Code of Ukraine).

Annual leave in Ukraine

Annual leave is allowed for employees for at least 24 calendar days during the working year counted from the date of conclusion of the Employment Contract. That is, at least 2 calendar days for 1 month worked. Some categories of workers have the right for a longer leave. Persons with disabilities in categories I and II are entitled to an annual leave of 30 calendar days, and persons with category III disabilities – 26 calendar days (Part 7 of Article 6 of the Law on Leave).

According to the legislation of Ukraine, leave is divided into:

Additional leave entitlement in Ukraine

At the employee’s request, additional annual leave may be granted at the same time as the basic annual leave or separately. Duration of the basic annual leave and the additional leave may not exceed 59 calendar days in total, and for employees engaged in underground mining – 69 calendar days.

Below we outline the types of additional leave defined by the law.

Additional leave for work with harsh and hazardous working conditions

The maximum duration is 35 calendar days, and its duration for each employee is determined by a Collective or Employment Contract depending on the results of the working place assessments and the employee’s working hours in these conditions.

Additional leave for the Special Nature of Work

The overall duration can last up to 35 calendar days. The specific duration of the annual additional leave for the Special Nature of Work is set by a Collective or Employment agreement, depending on the employee’s employment time in these conditions.

Other types of additional leave provided by law

• Irregular working hours – the duration of leave is up to 7 calendar days in accordance with the lists of positions, jobs and professions defined by the Collective agreement
• Employees working with computers – there is an additional annual leave of up to 4 calendar days for Special Nature of Work in accordance with section XXII “General professions in all sectors of the economy” of List № 2 (item 58).

Additional study leave

The additional study leave is divided depending on the type of institution where the employee is studying – adding up to a maximum of  35 calendar days per year.

Additional social leave

• Maternity leave – 126 calendar days, based on the certificate of incapacity for work, can be extended for up to 14 calendar days plus 14 calendar days for the birth of two or more children, and in case of complicated childbirth.
• Parental leave until the child reaches 3 years of age.
• Child Adoption leave – 56 calendar days for one child, 70 calendar days for the adoption of 2 or more children
• Additional annual leave for employees with children (women with two or more children under the age of 15; women with adopted children; mothers of children with disabilities from childhood subcategory A of category I; single mothers with children under the age of 18; father with children or a person with a disability from a childhood with subcategory A of category I, who raises children without a mother (including the case of a mother’s long stay in a medical institution) – for 10 calendar days excluding holidays, and if there are several grounds for granting this leave, its total duration may not exceed 17 calendar days (Part 2 of Article 19 of the Law on Leave).

Anna Magdich

Managing Director | Accace Ukraine

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