Legal regulation of social leaves: experience of post-Soviet countries

Keywords: leave, additional leave to the workers with domestic duties, social leave

Abstract

The article is devoted to the issues of legal regulation of social leaves by the labour legislation of the countries of the former Soviet Union. The types of such leaves, their peculiarities and the procedure for granting individual labour legislation in the country are investigated. It has been established that workers with family responsibilities under both domestic and labour legislation of the post-Soviet countries are given social leave of both identical and different purposes and duration.

It is concluded that the labour legislation of individual countries have identified categories of women for whom the duration of maternity leave is significantly increased or has its own characteristics. Such categories include women affected by the Chornobyl disaster, as well as those working in agriculture or in the area of ​​radioactive contamination.

It is stated that the inclusion of such types of leaves as without salaries, in connection with the Chernobyl disaster and study holidays in social is justified in order to provide them - to ensure social goals.

The author establishes that a Ukrainian employee has a restriction on the use of full-time leave of up to six months of continuous work at the last place of work. It is proposed to amend the current legislation on leave by adding a rule that allows, by agreement of the parties, to grant leave to the employee before the expiration of the six-month period.

The article investigates that additional paid social leave for workers with family responsibilities is stipulated by the labour legislation of Ukraine, Azerbaijan and Moldova, but the duration of such leave in these countries is shorter than in our country.

It is concluded that the current labour law of Ukraine, unlike other labour codes of the post-Soviet countries, more fully regulates the issue of granting social leave to employees with family responsibilities. Positive experience in regulating certain types of social leaves should be taken into account in the process of reforming national labour legislation, in particular, it is advisable to include educational leaves, leaves in connection with the Chernobyl disaster and leaves without keeping salaries for good personal and family reasons, because their purpose is to fulfill social goals.

References

Dmytriieva K.I. (2013). Pravove rehuliuvannia chasu vidpochynku za zakonodavstvom okremykh postsotsialistychnykh krain. Yevropeiski Perspektyvy. 3. 159-165 [in Ukraine].
Rudnytska O.P. (2018). Pravove rehuliuvannia sotsialnykh vidpustok: zarubizhnyi dosvid. Yurydychnyi elektronnyi zhurnal: Zbirnyk naukovykh prats. 6-y vyp. Vyd-vo ZNU. 154-158. URL: http://www.lsej.org.ua/6_2018/41.pdf [in Ukraine].
Bardashevich, Ya. V. (2016). Otpusk po beremennosti i rodam: sravnitelno-pravovoy analiz v ramkah zakonodatelstva stran Sodruzhestva Nezavisimyih Gosudarstv. Pravo. Ekonomika. Psihologiya. 1. 21-26 [in Russian].
Published
2020-04-15
How to Cite
Rudnytska, O. (2020). Legal regulation of social leaves: experience of post-Soviet countries. Law Review of Kyiv University of Law, (1), 210-214. https://doi.org/10.36695/2219-5521.1.2020.42
Section
The issues of civil law, commercial law, labour law and social security law of U