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Publication date: 12.05.2024
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Salary is the amount of money an employee receives for his work in Ukraine. It is usually determined in agreements between the employee and the employer or established in accordance with collective agreements, labor legislation and other legal acts. Salary can vary depending on many factors such as skill level, market conditions, industry and region of operation.
The amount of wages in Ukraine really depends on many factors, including the complexity and conditions of the work performed, the professional and business qualities of the employee, the results of his work and the efficiency of the economic activity of the enterprise, institution or organization.
The legislation of Ukraine, in particular the Code of Labor Laws and the Law of Ukraine "On Remuneration", defines the rights and obligations of both employees and employers in the sphere of remuneration. These normative legal acts establish the rules of state and contractual regulation of wages, as well as mechanisms for protecting the rights of employees in this matter.
Therefore, the amount of wages in Ukraine is the result of the interaction of various factors, which are determined both by legislation and by agreements between the parties to the legal relationship.
The minimum wage is defined as the minimum wage for the monthly or hourly rate of work performed by the employee. This amount is established by law and is the guaranteed minimum that the employee has the right to receive for his work.
The minimum wage in Ukraine is set both monthly and hourly. This ensures the protection of workers' rights and establishes the basic level of wages in the country.The concluded labor contract is the basis for establishing the conditions of remuneration of the employee. According to legislative acts, the collective agreement and the terms of the concluded labor contract, the employee has the right to receive appropriate payment for his work.
These legislative acts and collective agreements determine the rules and procedures for payment of labor, including the minimum wage, the procedure for payment, the establishment of additional rewards and other terms of payment. In the event of a conflict between the terms of the concluded employment contract and the provisions of legislative acts or a collective agreement, preference is given to the provisions of the legislative acts or collective agreement.
The salary must be paid at least twice a month after a period of time not exceeding sixteen calendar days, and no later than seven days after the end of the period for which the payment is made. This ensures timely and regular payment of wages to employees.
Thus, Article 36 of the Labor Code "On wages" establishes responsibility for violations of legislation on wages in Ukraine. According to this article, persons who violate the legislation on wages may be held liable for various types of liability:
1. Disciplinary responsibility involves measures that can be applied by the employer to the employee for violation of labor discipline or labor duties.
2. Material responsibility may include compensation for damages caused by violation of the labor legislation.
3.Administrative responsibility involves the application of fines or other administrative penalties in accordance with the law.
4. Criminal liability may be applied in case of serious violations of the legislation on labor remuneration, which involve criminal liability according to the criminal law.
Therefore, this article of legislation establishes a wide range of possible consequences for those who violate the legislation on wages in Ukraine.
Yes, in cases where the employee has not received his salary, he has the right to apply to the court for the recovery of this amount. The procedure for collecting wages in court may be introduced in cases where other means of conflict resolution have proved unsuccessful.
Usually, the procedure for collecting wages in a court of law includes filing a lawsuit in court, considering the case, deciding on a court decision and, in the case of a decision in favor of the employee, the implementation of this decision by the employer.
Ukrainian legislation provides for the protection of the rights of employees in the sphere of remuneration, and the court is one of the mechanisms that can be used to protect these rights in case of violation.
The procedure for collecting unpaid wages may include several stages:
Lawsuit: The process begins with filing a lawsuit against the employer. In the lawsuit, the employee indicates the amount of unpaid wages and justifies his demands.
Consideration of the case: the court considers the case and decides on the existence of violations on the part of the employer and the validity of the employee's claims. The judgment of the court may be aimed at collecting unpaid wages.
Enforcement of the court decision: if the court decision is adopted in favor of the employee, the employer must comply with this decision and pay the unpaid amount of wages.
Possibility of appeal: if one of the parties is not satisfied with the court's decision, he can file an appeal with a higher judicial body.
Collection of unpaid wages is an important procedure that helps to protect the rights of employees and ensure justice in the field of labor.
