Compensation for unused leave upon dismissal. File in court

Redundancies are often accompanied by a number of issues related to benefits and appropriate compensation. One of these is receiving compensation for unused vacation.

Is everyone entitled to compensation for unused vacation upon dismissal?

According to the Labor Code of Ukraine, an employee has the right to compensation for unused vacation in the following cases:

1. Upon dismissal. The employer is obliged to pay you compensation for all unused days of annual and additional leave. The exception is only some categories of employees who are not entitled to compensation, for example, those dismissed for absenteeism or for other serious violations of labor discipline.
2. When transferring to another job. If you move to another job before you have used all of your annual leave, you are entitled to compensation for the unused days. This rule applies even if you switch jobs to the same employer.
3. In other cases. For example, when the employment contract is terminated by agreement of the parties, when the employment contract is terminated at the initiative of the employer for valid reasons, etc.

Consult a lawyer

You have the right to apply to the court for the protection of your rights if:

1. The employer refuses to pay you compensation for unused vacation. This can happen for various reasons, for example, the employer may claim that you have used your holiday or that you are not entitled to compensation.
2. You do not agree with the calculated amount of compensation. The employer may calculate the amount of compensation incorrectly, for example, not taking into account all your vacation days or using the wrong average salary.
3. The employer delays the payment of compensation. The law establishes that the employer is obliged to pay you compensation within 10 days from the day of your dismissal. If the employer does not do this, you have the right to go to court.
4. Other violations by the employer. In some cases, you may have the right to go to court for other reasons related to non-payment of compensation for unused vacation.

Importantly! You should apply to the court within three months from the day you learned or should have learned about the violation of your right. Missing this deadline may result in the court refusing to consider your case.

Calculate the cost of a lawyer’s assistance

Why is it important to contact a lawyer to get compensation for unused vacation?

Contacting a lawyer when filing a lawsuit to receive compensation for unused vacation upon dismissal can have a number of significant advantages:

1. Legal examination. The lawyer has in-depth knowledge of labor legislation of Ukraine and court practice regarding such disputes. He will help you to correctly draw up a claim, collect the necessary evidence and substantiate your claims with reference to current laws. This significantly increases your chances of successfully resolving the case.
2. Protection of your interests. During the legal process, the lawyer will represent your interests in court, protect your rights and defend your position before the judge and the employer’s representatives. He will make sure that all your arguments and evidence are properly presented to the court and that your rights are not violated.
3. Saving your time and effort. Court cases can be complex and confusing. The lawyer will take over all legal aspects of the case, freeing you from the need to independently study the laws, prepare documents and go to court. This will allow you to focus on other important issues related to dismissal and the search for a new job.
4. Emotional aspect. Dismissals and legal proceedings are often associated with significant emotional stress. A lawyer will help you maintain emotional stability by providing you with the necessary support and explaining the course of the case.

Contacting the lawyer “Prykhodko and Partners” is a smart investment in protecting your rights and receiving adequate compensation for unused vacation.

If you want to get a consultation or find out the cost of legal services, fill out the form below.