Can an employer require an employee to take a vacation at his/her own expense

Is it lawful for the administration to demand that employees write applications for unpaid leave?

According to Article 19 of the Constitution, public authorities and their officials are obliged to act only on the basis, within the limits of their powers and in the manner prescribed by the Constitution and laws of Ukraine.

The functions of the labor inspectorate are defined in the Labor Inspection (Industry and Commerce) Convention, 1947 (ratified by Law No. 1985-IV of 08.09.2004), and include, inter alia, the implementation of preventive measures, provision of information and educational services to employees and employers to ensure the observance of human rights in the field of labor. Pursuant to subparagraph 46 of paragraph 4 of the Regulation on the State Labor Service of Ukraine approved by the Cabinet of Ministers of Ukraine dated February 11, 2015 No. 96, the SLS provides employers and employees with information and explanations on effective means of compliance with the law and prevention of possible violations.

Taking into account the above, the Eastern Interregional Department of the State Labor Service informs employees and employers about the provision of unpaid leave.

Employees who are in labor relations with enterprises, institutions, organizations, regardless of their form of ownership, type of activity and industry, as well as those who work under an employment contract with an individual, have the right to take leave (Article 2 of the Law of Ukraine "On Leave").

The Law of Ukraine "On Leaves" provides for two types of unpaid leave: leave granted to employees by virtue of a subjective right that is granted to them by law, i.e., on a mandatory basis, and leave granted by agreement of the parties (employer and employee).

In the cases provided for in Article 25 of the Law of Ukraine "On Vacations", unpaid leave is mandatory at the request of an employee.

Article 26 of the Law of Ukraine "On Vacations" provides for the granting of unpaid leave by agreement of the parties. For family reasons and for other reasons, an employee may be granted unpaid leave for a period stipulated by an agreement between the employee and the owner or his/her authorized body, but not more than 15 calendar days per year.

At the same time, Article 84 of the Labor Code of Ukraine provides that if the Cabinet of Ministers of Ukraine establishes quarantine in accordance with the Law of Ukraine "On Protection of the Population from Infectious Diseases", the period of unpaid leave for the quarantine period is not included in the total period of 15 calendar days.

Thus, according to the law, unpaid leave is granted to employees in the interests of employees (Articles 25, 26 of the Law of Ukraine "On Vacations", Article 84 of the Labor Code) at their request, and not at the initiative of the employer.

Any form of pressure on an employee to force him or her to write an application for unpaid leave is illegal.

According to Article 19 of the Constitution of Ukraine, the legal order in Ukraine is based on the principles that no one may be forced to do anything that is not provided for by law.

Also, according to Article 60 of the Constitution, no one is obliged to execute manifestly criminal orders or instructions. Legal liability is incurred for giving and executing a manifestly criminal order or instruction.

Article 68 of the Constitution of Ukraine establishes the obligation of everyone to strictly observe the Constitution of Ukraine and the laws of Ukraine, and not to infringe on the rights and freedoms, honor and dignity of other people.

In the event of a violation of labor laws, citizens have the right to file a complaint with a trade union, the State Labor Service of Ukraine, or a lawsuit in court.

If coercion takes extreme forms, such as threats to life and health, reputation or property, you should immediately report them to the National Police Call Center by calling the shortened emergency number 102.

The fact of coercion to write an application for unpaid leave, proven in court or discovered by the State Labor Service of Ukraine, is a serious risk for both the organization and its management.

Liability for coercion to write an application for unpaid leave may be not only disciplinary and administrative, but also criminal.