Publication date: 06.05.2024
I constantly strive to develop and acquire new knowledge, my experience and additional education confirm this.
The legislation of Ukraine really protects a person's right to timely payment for work performed on the basis of an employment contract. This is determined by the Constitution of Ukraine and the laws of the country.
The main norms governing this right may include:
1. Constitution of Ukraine: According to Article 43 of the Constitution of Ukraine, everyone has the right to work, including the right to working conditions and wages, which cannot be less than the minimum wage established by law.
2. The Code of Labor Laws of Ukraine contains provisions on working conditions, including wages, the procedure for paying wages, as well as liability for violations of these rules.
3. Laws on labor and social protection of workers: Ukraine also has a number of laws aimed at protecting the rights of workers, including laws regulating the terms of payment, payment of wages for work in different periods (for example, payment of wages for a period of vacation) and other issues related to labor relations.
These regulations create a legal framework for protecting the rights of employees to timely payment for work and establish liability for violations of these rules by employers.
Here are some possible ways to collect unpaid wages in Ukraine without going to court:
Peaceful settlement: First of all, there may be an attempt to resolve the situation peacefully, without going to court. This may involve negotiations between the employee and the employer or the involvement of a mediator.Appeal to the labor authorities: The procedure can begin with the employee's appeal to the labor authorities or other supervisory authorities, which have the right to intervene in the situation and help in resolving the dispute.
Wage recovery in Ukraine can be done in the event that the employee believes that he was illegally denied wages or if the employee and employer have other disputes regarding the payment of wages.
The procedure for collecting wages in court usually includes the following steps:
1. Filing a lawsuit: The employee files a lawsuit with the court, in which he states his demands regarding unpaid wages. In the statement of claim, it is necessary to indicate all the circumstances of the case and to prove one's right.
2. Court session: After filing the lawsuit, the court sets a date for the court session, at which the parties must appear to express their positions. In case of impossibility of agreement between the parties, the case is considered by the court.
3. Court decision: After considering the case, the court makes a decision that may be in favor of one of the parties. In the case of recognition of the employee's right to payment of wages, the court may issue a verdict in favor of the employee and impose an obligation on the employer to pay the debt.
4. Enforcement of the court decision: If the employer does not comply with the court decision regarding the payment of wages, the employee can use various methods of enforcement of the decision, such as enforcement proceedings.
It is important to note that the procedures and rules for collecting wages through the court may vary depending on the situation.Therefore, to obtain accurate information about the procedures in Ukraine, it is recommended to contact competent lawyers who will advise on issues of collection of debt from wages, recovery of wages through court, recovery of wages in court, recovery of wage arrears.
