Publication date: 02.06.2025
I am Mariya Borevich, your personal lawyer. My primary goal is to help clients find optimal solutions to current legal issues, ensuring reliable protection of their interests. I specialize in family, civil, and military law, which allows me to effectively handle a variety of situations and cases. In family law, I provide support in resolving issues related to divorce, property division, establishing and challenging parental rights, alimony, and child custody. I understand that these matters are often emotionally complex, so I always strive to find the most delicate and fair solutions for all parties involved. In civil law, I assist in settling disputes related to contracts, property rights, compensation for damages, inheritance, and other issues concerning the protection of personal and property interests. Special attention is given to military law — supporting servicemen, protecting their rights and interests related to military service, social guarantees, and legal disputes. This area requires deep knowledge and understanding of the specifics of military service and the legislation regulating it.
Statement of Claim for Reinstatement at Work and Recovery of Wages for the Period of Forced Absence
Situations where an employee is unlawfully dismissed or suspended from performing job duties are quite common in Ukrainian legal practice. Restoring labor rights requires a clearly structured course of action, a competent legal position, and proper procedural preparation. This case study examines the process of drafting a statement of claim for reinstatement at work and recovery of wages for the period of forced absence, prepared by lawyer Maria based on a client’s request.
In today’s conditions of economic instability and constant changes in labor legislation, employees often find themselves in a vulnerable position. Unlawful dismissal or suspension not only deprives them of their main source of income but also negatively affects their psychological state, social status, and prospects for future employment. In such situations, it is important to understand that Ukrainian law provides a range of tools to protect employee rights, among which the most effective is filing a lawsuit for reinstatement and recovery of wages for the period of forced absence. However, successful protection requires a comprehensive approach that involves not only formal drafting of the claim but also in-depth analysis of all circumstances of the case, collection of necessary evidence, and strategic legal planning.
Additionally, it is important to consider that court practice in such cases has its peculiarities. For example, courts often pay attention to the correctness of document preparation by the employer, the presence or absence of grounds for dismissal, compliance with pre-dismissal procedures, as well as the completeness of the evidence base presented by the employee. In particular, the court needs not only to establish the fact of dismissal but also to assess its legality taking into account specific circumstances — whether the employee’s right to prior notice was observed, whether there was any coercion or pressure from the employer, and whether all internal company regulations were followed. Such a detailed analysis helps to evaluate the situation as objectively as possible and increases the chances of reinstating the employee.
In legal practice, cases are often encountered where an employee, without professional assistance, failed to properly formulate claims or submitted an incomplete package of documents, which led to court refusals. Therefore, professional support helps the client avoid such mistakes and enables prompt responses to defendant’s objections, as well as using all legal means to protect the employee’s interests. In particular, a lawyer can prepare additional motions, applications for claim security, and requests for evidence collection, which significantly strengthen the plaintiff’s position.
It is also worth noting the psychological aspect of going to court. Many employees fear the judicial process due to lack of confidence in their knowledge, fear of conflict, or lengthy case consideration. In this context, the role of a lawyer becomes especially important, as they not only provide legal support but also help reduce stress, give clear answers to all questions, and provide moral support throughout the entire process.
Furthermore, successful reinstatement at work and recovery of wages has socio-economic significance. For many families, this is a matter of survival, especially if the employee is the sole breadwinner. Timely and effective reinstatement helps not only to restore stable income but also to return the employee’s sense of confidence in the future, positively affecting their overall psychological state and work capacity.
The main task of the lawyer in this situation is to carefully gather evidence confirming the fact of unlawful dismissal or suspension, conduct legal analysis of documents, draft a well-founded statement of claim with legislative justification of violations, and provide the client with a complete action plan for the court process.
Key Steps in Preparing the Claim
- Gathering Complete Information from the Client:
The lawyer interviews the client, clarifies the chronology of events, obtains copies of dismissal orders, explanatory notes, employment contract, statements, etc. It is important to clarify all circumstances that preceded the labor rights violation. - Legal Analysis:
Provisions of the Ukrainian Labor Code, Supreme Court decisions, letters from the Ministry of Economy, and current court practice on similar cases are studied. This allows to form a substantiated legal position. - Drafting the Statement of Claim:
The lawyer describes the factual circumstances of the case, states the essence of violations, adds references to legislative norms, attaches documents confirming the legal position, formulates the claims (recognition of dismissal as unlawful, reinstatement in the position, recovery of average wages for the forced absence period). - Preparing the Document Package for Court Submission:
Attachments to the claim include copies of the employment contract, orders, correspondence, payroll documents, accounting certificates, etc. - Informing the Client:
The lawyer provides a clear action plan: where to file the claim, case review terms, court fees, and appeal procedures.
Main Advantages of Professional Legal Support
High Probability of a Positive Outcome
A properly drafted claim with adequate evidential support significantly increases the chances of reinstating the employee.
Time and Resource Savings
With a lawyer’s support, the client does not spend time searching for information, preparing documents, or clarifying procedural issues.
Professional Court Representation
The lawyer can represent the client’s interests, prepare procedural documents, appear in court, and respond to the defendant’s objections.
Frequently Asked Questions
Question
What documents need to be submitted together with the statement of claim to the court?
Answer
The claim must be accompanied by: a copy of the employment record book, dismissal order, employee’s statement, accounting certificates, calculation of average wages, copy of passport, copy of taxpayer identification number, and documents confirming the circumstances of dismissal.
Question
Is it possible to file a claim in court without a lawyer?
Answer
Yes, a claim can be filed independently. However, professional legal support helps avoid mistakes, clearly formulate claims, properly prepare documents, and effectively defend one’s rights in court.
A statement of claim for reinstatement at work and recovery of wages for the period of forced absence is one of the most effective ways to protect labor rights. Such a claim must be drafted in accordance with all legislative requirements, contain sufficient evidential support, and be legally justified. Assistance from an experienced lawyer in this process not only simplifies the path to a positive result but also gives the client confidence in their position, saves time, and helps avoid potential procedural errors. Practice shows that a professional approach to such cases significantly increases the chances of success and fair resolution of the conflict.
