The Constitutional Court declared certain restrictions on the right to leave during martial law unconstitutional

Constitutional Court of Ukraine adopts decision on guarantees of right to rest for employees

On May 19, the Grand Chamber adopted a decision in the case on the right to vacation during martial law. The court partially declared unconstitutional certain provisions of the Law “On the Organization of Labor Relations under Martial Law”.

What exactly did the Constitutional Court check

The application to the Constitutional Court was filed by the Commissioner for Human Rights of the Verkhovna Rada of Ukraine. The subject of constitutional control was the norms of Article 12 of the Law, which allowed the employer to carry over unused vacation days and in some cases provide them without saving wages.

The court emphasized that the Constitution of Ukraine establishes a humanistic model of work, which is based on the principle of work-life balance. The right to rest is not only a component of the right to work, but also an independent constitutional human right.

Which provisions were declared unconstitutional

The Constitutional Court concluded that certain provisions of the Law violate the rights of minor workers and persons with disabilities.

In particular, the following provisions were declared unconstitutional:

did not provide for persons under 18 years of age and persons with disabilities a minimum duration of paid annual leave of more than 24 calendar days;

actually continued to restrict the right to leave even after the end of martial law until the time of using the transferred days of rest.

The Court noted that such provisions violate the principles of equality, legal certainty and human dignity.

Which provisions were left in force

At the same time, the Constitutional Court of Ukraine declared constitutional the provisions that allow certain types of leave to be transferred during martial law to the period after its end. The Court concluded that these provisions generally preserve the essence of the right to rest and have a legitimate purpose.

When the decision enters into force

The provisions of the Law that are recognized as unconstitutional have lost their force from the date of adoption of the decision by the Constitutional Court of Ukraine.