The employee's right to annual basic and additional full-time vacations in the first year of work begins after six months of continuous work at the given enterprise. When granting an employee the specified annual vacations before the end of the six-month period of continuous work, their duration is determined in proportion to the time worked.
Exceptions are only the cases specified in Part 7 of Art. 10 of the Law of Ukraine "On Vacations" — when annual vacation can be granted at the request of the employee before the 6-month period of continuous work:
1) for women - before or after leave due to pregnancy and childbirth, as well as for women who have two or more children under the age of 15 or a child with a disability;
2) persons with disabilities;
3) persons under eighteen years of age;
4) husbands whose wives are on leave due to pregnancy and childbirth;
5) to persons released after completion of fixed-term military service, military service under conscription during mobilization, for a special period, military service under conscription of reservists during a special period, military service under conscription of officers or alternative (non-military) service, if after leaving the service, they were hired within three months, not counting the time of moving to the place of residence;
6) for part-time employees - simultaneously with vacation at the main place of work;
7) employees who are successfully studying in educational institutions and wish to add vacation to the time of taking exams, assessments, writing diploma, coursework, laboratory and other works provided for by the educational program;
8) employees who have a ticket (pass) for sanatorium-resort (outpatient-resort) treatment;
9) parents - educators of family-type children's homes;
10) in other cases provided for by legislation, collective agreement or labor agreement.
The lunch break is not counted as working time and is not paid, so employees can use it at their own discretion.
The management of the public catering establishment must compensate the full cost of the medication, which was spent on treatment, if you prove that you were poisoned in the establishment, and not at home. In this case, you should also demand compensation for the moral damage that was caused to you. It will be easier to prove the fact of poisoning if you have a receipt that will confirm your stay at the restaurant, which is a direct contract with the other party. But if you left the check at the institution, lost it or threw it away, don't worry. In this case, you should enlist the support of witnesses to your visit to the establishment and ordering specific dishes. Next, you need to get medical documentation that will confirm the fact of food poisoning.
Before going to court, try to settle the issue with the administration of the institution in a pre-trial procedure. Write a statement in the name of the restaurant management to comply with the general rules established by the record keeping, state in the statement the circumstances that happened to you at the establishment, be sure to attach evidence that confirms your words (a medical certificate from a health care institution about poisoning ).
If it was not possible to come to an agreement "peacefully", it is necessary to contact the territorial body of the State Production and Consumer Service. In the event that the catering establishment refuses to compensate you for the expenses related to the poisoning and does not admit its fault, you have the right to apply to the court for the protection of your rights and interests.
In view of the quite frequent cases of deception of consumers - issuance of a check of an unspecified form or refusal to issue a fiscal check at all, you can contact:
1) by phone number:
0800 501 007
2) or write a complaint to the address:
idd@tax.gov.ua
On compensation instead of compensation for damages or recovery of income in the new Law of Ukraine "On Copyright and Related Rights" No. 2811 dated 01.12.2022
In the current Law, compensation is levied by the court instead of damages or income recovery.
The amount of compensation must be commensurate with the consequences of the violation of the right. This means that in order to determine the amount of compensation, the court will need to establish the amount of the plaintiff's losses from the violation of his rights by the defendant. If the court fails to establish the amount (at least approximate) of the plaintiff's losses, there will be no basis for determining the amount of compensation.
Another condition for compensation is the fault of the violator. Therefore, if the defendant proves that there was no fault in his actions, the court will not be able to collect compensation from him.
Therefore, if copyright has been violated, file an appropriate lawsuit in court.
Currently, it is not possible to register FG online.
For state registration of a farm as a legal entity, submit the following documents to the subjects of state registration (executive bodies of village, settlement and city councils, Kyiv city, district, district in the cities of Kyiv state administrations, notaries):
1) a statement regarding state registration of a legal entity (except for public organizations and authorities) (form 2), approved by the order of the Ministry of Justice dated May 19, 2020 No. 1716/5);
2) a copy of the original (notarized copy) of the decision of the founders (it can be the minutes of the meeting of the founders of the FG or the decision of the founder);
3) statute (Clause 14, Part 1, Article 1, Part 1, Article 17 of the Law of Ukraine "On State Registration of Legal Entities, Individuals — Entrepreneurs, and Public Organizations" dated 05.15.2003 No. 755-IV; hereinafter — the Law on state registration).
The maximum fine for failure to appear at the center to clarify personal information is UAH 8,500. If a person does not appear after being served with a summons three or more times, the conscript has the right to be sued and prosecuted.
If a person was served with a summons - to clarify credentials or undergo a medical examination - and did not appear at the military commissariat, administrative responsibility is applied. According to Art. 210 of the Code of Ukraine on administrative offenses, a military conscript faces a fine from UAH 1,700 to UAH 3,400 (for officials - from UAH 3,400 to UAH 5,100). If a person receives a summons for the second time within a year and does not appear again at the military commissariat, this is punishable by a fine in the amount of UAH 3,400 to UAH 5,100 (for officials - from UAH 5,100 to UAH 8,500).
Non-profit organizations are not exempted from mobilization, the order of conscription is general.
In accordance with the Law of Ukraine "On Mobilization Training and Mobilization", open court proceedings are not considered as grounds for postponing conscription. You can see all the grounds in more detail in Article 23 of this Law.
*The owner or the body authorized by him is obliged to give the employee his employment book on the day of dismissal with a record of dismissal entered into it. In the event of a delay in the issuance of the work book due to the fault of the owner or the body authorized by him, the employee is paid the average salary for the entire period of forced absenteeism.
In a situation where the owner delayed the issuance of the work book, the day of dismissal is considered the day of its issuance. In this case, a new order is issued, specifying the new day of dismissal, and an entry is made in the employee's work book, and the previously entered entry about the day of dismissal is recognized as invalid.*
1) You can apply to the State Labor Service of Ukraine. It is this body that is authorized to draw up protocols on administrative offenses in cases of violation of labor legislation.
2) You can go to court to protect your rights. Thus, in accordance with Article 232 of the Labor Code, labor disputes regarding the demand for an employment book, change of the date of dismissal and collection of average earnings during forced absenteeism are subject to direct consideration in district, district in the city, city or city-district courts.
Students of full-time or dual education can count on a postponement of the draft. As for going abroad, as of today, students of Ukrainian universities do not have the right to cross the border of Ukraine.