Addressing Unconstitutional Provisions of Law No. 2136-IX
Authorized by the Verkhovna Rada of Ukraine for Human Rights, Dmytro Lubinets has raised concerns regarding certain provisions of the Law of Ukraine «On the Organization of Labor Relations in the Conditions of Martial Law» No. 2136-IX. In particular, he has requested the Constitutional Court of Ukraine to examine the constitutionality of the legislation related to annual leave rights.
Concerns Raised by Lubinets
Lubinets points out that under the current interpretation of Law No. 2136-IX, employers have the authority to impose restrictions on annual leave, such as limiting the number of days an employee can take and transferring unused days to a later period without maintaining wages. Additionally, employers can deny an employee unused vacation days during martial law.
However, Lubinets argues that these limitations exceed the boundaries set by the Constitution of Ukraine. While rights may be restricted during martial law, they cannot be completely nullified. Lubinets emphasizes that any limitations imposed under martial law must have a clearly defined term and be lawful.
Confirmation of Unconstitutionality
Scientific and expert opinions from the academic community support Lubinets’ claim that the provisions of Law No. 2136-IX regarding unused vacation days are unconstitutional. Lubinets believes that these provisions do not align with the principles outlined in the Constitution of Ukraine.
