Peculiarities of legal regulation of annual leave during martial law

The article is devoted to the study of the legal regulation of annual vacations during the period of martial law in Ukraine. The relevance of the research topic is due to new approaches in the legal regulation of annual leave in connection with the introduction of martial law. An analysis of the current legislation on the granting of annual leave was carried out, taking into account the norms of the Law of Ukraine «On the organization of labor relations in the conditions of martial law». The limitation of the term of the annual leave of employees is characterized and their inexpediency in the period of wartime is determined, because the war continues for the third year and business adaptation to activities in the period of martial law. Conclusions were made that the legal regulation of labor relations during the period of martial law at the level of the norms of the law of Ukraine «On the organization of labor relations under martial law» is in some cases discriminatory towards employees. The disadvantage of limiting the term of annual vacations is also the fact that the implementation of this rule of law in practice quite often raises many questions due to the lack of details and explanations. Employees are faced with such problems, which gives rise to labor disputes between the parties to the employment relationship. Fixing at the legislative level restrictions on annual leave during the wartime regime does not demonstrate a balance of interests of the employee and the employer. However, the restriction on the provision of annual leave for employees working in the field of critical infrastructure, work on the production of defense goods or before the fulfillment of a mobilization task (order) is considered fully justified in view of the situation that is developing in the country and requires complex solutions. As of today, it would be appropriate to change the legal regulation and provide for a list of employees to whom the employer cannot refuse to grant annual leave and it must necessarily include, for example, persons with disabilities, minor workers, persons of retirement age, single mothers or fathers . The employer must take all possible measures to provide his employees with annual vacations without any restrictions and their payment, because the legislation only provides for the possibility to limit the granting of annual vacations, and this cannot be abused in any way.