Publication date: 07.05.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Recovery of unpaid wages through the courts is one of the ways to protect the labour rights of employees in Ukraine. This process involves filing a lawsuit with the court demanding reimbursement of wage arrears and can be difficult for an employee without appropriate legal support.
Grounds for recovery of unpaid wages through the courts
Failure of the employer to fulfil its financial obligations: If the employer fails to pay the employee's salary on time or partially fulfils its financial obligations, the employee has the right to recover the unpaid amount through the courts.
Breach of an employment contract or collective agreement: In cases where an employer breaches the terms of an employment agreement or collective bargaining agreement, an employee may file a lawsuit to recover wages.
The procedure for recovery through the courts
Preparation of a statement of claim: The process of recovering unpaid wages begins with filing a statement of claim with the court. The statement of claim must contain all the necessary evidence of the employer's breach of its financial obligations.
Court consideration of the case: After filing a claim, the court considers the case and decides on the recovery of unpaid wages. The court may order reimbursement of the debt and possible compensation for non-pecuniary damage.
Important aspects of court recovery
Seriousness and professionalism of legal support: To successfully recover unpaid wages through the courts, it is important to have appropriate legal support from experienced lawyers or attorneys.
Deadlines and procedures: It is important for an employee to comply with all established deadlines and procedures when collecting unpaid wages through the courts, as violation of these rules may result in the loss of the possibility of collecting the debt.
The role of a lawyer in the process of recovering unpaid wages through the courts
In the process of recovering unpaid wages through the courts, an attorney or a lawyer specialising in labour law plays an important role. They are the employee's key partner in the entire process and provide professional legal support. The lawyer's role is to prepare and file a statement of claim, represent the employee's interests at the court hearing, and protect the client's rights and interests in court.
The importance of evidence and documentation
The successful recovery of wages in court also depends on the availability of sufficient evidence and documentation. A professional lawyer will help the employee collect the necessary evidence, such as employment contracts, payslips, correspondence with the employer and other documents confirming the fact of unpaid wages.
Advantages of alternative dispute resolution methods
In addition to the judicial route, an employee may consider alternative dispute resolution methods, such as mediation or consultation with a lawyer, to reach an agreed resolution with the employer. These methods can be effective in some cases, reducing the time and cost of dispute resolution.
The recovery of unpaid wages through the courts is an important mechanism for protecting the labour rights of employees in Ukraine. With professional legal support and proper documentation, an employee can successfully defend his or her rights and receive compensation for unpaid wages.
The recovery of wages through court is an important mechanism for protecting employees' labour rights in Ukraine. The process can be complicated and requires appropriate legal support, but it provides an opportunity for employees to receive fair compensation for unpaid wages.
