Restrictions on paid leave for minors and people with disabilities in Ukraine have been ruled unconstitutional
13 June 11:18
Dmytro Lubinets, the Verkhovna Rada’s Commissioner for Human Rights, reported that the Constitutional Court of Ukraine has ruled unconstitutional certain provisions of the law on the organization of labor relations under martial law, which allowed for the restriction or non-payment of part of the annual leave for minors and persons with disabilities. This was reported by "Komersant Ukrainian".
“My constitutional petition has secured the right to paid leave for children and people with disabilities. The Constitutional Court of Ukraine thoroughly reviewed these provisions and reached an unequivocal conclusion: they contradict the Constitution of Ukraine,” he wrote on Telegram.
According to Lubinets, the contested provisions of the law “On the Organization of Labor Relations Under Martial Law” allowed employers to limit or refuse to pay for part of the annual leave for minors and people with disabilities.
The Ombudsman added that the Grand Chamber of the Constitutional Court of Ukraine separately emphasized that granting legally guaranteed leave without pay does not comply with the principles of decent work and undermines the very essence of the welfare state.
As a result of the review of the Ombudsman’s submission, the disputed provisions of the law were declared unconstitutional and ceased to be in force as of the date of the decision.
“This decision is an extremely important step in protecting citizens’ labor rights and further confirmation that even during martial law, the state cannot curtail the rights of those who require special social protection,” he explained.
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