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Publication date: 09.05.2024
LABOR DISPUTES
Labor disputes in Ukraine can be considered by two main bodies: labor dispute commissions and local general courts.
LABOR DISPUTES COMMISSIONS:
Labor dispute commissions are the first level of consideration of labor disputes. They operate at the level of enterprises, institutions, and organizations, where special commissions are elected to resolve disputes between employees and employers.
These commissions consider various issues, such as dismissal, transfer to another job, payment for forced absenteeism, imposition of disciplinary sanctions and others.
However, it is important to note that not all labor disputes are subject to consideration by commissions. Some disputes may be brought to court.
LOCAL GENERAL COURTS:
Local general courts consider labor disputes that have not been resolved at the commission level.
This includes disputes related to refusal to accept employment, compensation for material damage, reinstatement, registration of labor relations, refusal to conclude an employment contract, and others.
A court decision that has entered into force is final and enforceable.
TERMS OF COURT APPROACH IN LABOR DISPUTES
According to the Code of Labor Laws of Ukraine, an employee can apply for the resolution of a labor dispute directly to the court within three months from the day he learned or should have learned about the violation of his right. This applies to all labor disputes, except in the case of dismissal. In the case of dismissal, the employee has the right to appeal to the court within a month from the date of delivery of a copy of the order (order) on dismissal or from the date of issue of the employment book.And in cases of collection of funds belonging to the employee from the former employer - within three months from the date of receipt of written notice of accrued amounts that must be paid upon dismissal. For the employer to appeal to the court in matters of recovery from the employee of the material damage caused to the enterprise, institution, organization, a period of one year is established from the date of discovery of the damage caused by the employee.
RENEWAL AT WORK
According to the Code of Labor Laws of Ukraine, reinstatement may take place in the following cases:
1. Unlawful dismissal or illegal transfer to another job. Legal advice on dismissal.
If the employee was dismissed without a legal reason or was illegally transferred to another job, he must be reinstated at the previous job by the body that examines the labor dispute. When issuing a decision on renewal, the body simultaneously makes a decision to pay the employee the average earnings for the period of forced absenteeism or the difference in earnings for the time of performing lower-paid work, but not for more than one year. If the application for reinstatement has been considered for more than one year, through no fault of the employee, the body makes a decision to pay the average salary for the entire period of forced absenteeism.
2. Admitting that the wording of the reason for dismissal is incorrect. Reinstatement lawyer.
If the wording of the reason for dismissal is recognized to be incorrect or does not correspond to the current legislation, the body that considers the labor dispute is obliged to change the wording and indicate in the decision the reason for the dismissal in exact accordance with the wording of the current legislation. If the incorrect wording of the reason for dismissal prevented the employee from being employed, the body simultaneously makes a decision to pay him the average salary for the period of forced absenteeism.
3. Reinstatement of an employee who performed work without concluding an employment contract. Legal advice dismissal.
When formalizing labor relations with an employee who performed work without concluding an employment contract, the body that examines the labor dispute establishes the period of such work. If the employee actually performed the work full-time, established at the enterprise, the body simultaneously makes a decision on accruing and paying him a salary in the amount not lower than the average salary for the relevant type of economic activity.
4. Reinstatement of an employee who was dismissed because he or his close relative reported possible corruption or corruption-related offenses. Illegal dismissal lawyer.
The body that examines the labor dispute can make a decision on reinstatement of the employee at the previous job. If the employee refuses to renew, the body can pay him monetary compensation. The amount of this compensation may be six months' average earnings, or, if renewal is not possible, two years' average earnings.
PAYMENT FOR FORCED ABSENCE
According to the Code of Labor Laws of Ukraine, Article 236 establishes the rules for payment of forced absenteeism in case of delay in the implementation of the decision on reinstatement of the employee.
If the employer delays the implementation of the decision of the body that considered the labor dispute on the reinstatement of an illegally dismissed or transferred employee, then this body can issue a decision on paying the employee the average salary or the difference in salary during the delay. This helps protect workers' rights and provides compensation for lost time.
COMPENSATION OF DAMAGES IN CASE OF VIOLATION OF EMPLOYEE'S LEGAL RIGHTS
The employer is obliged to compensate the employee for moral damages if the violation of the employee's legal rights, including discrimination or mobbing, is confirmed by a court decision and has resulted in moral suffering and loss of normal life relationships.
Legal service "Consultant" provides legal assistance in any situation. Legal advice on dismissal will be a guarantee of quality protection of your rights and interests.
