Publication date: 17.05.2024
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Salary and terms of its payment
Salary is a reward, calculated, as a rule, in monetary terms, which the employer pays to the employee for the work performed by him.
According to Article 110 of the Labor Code of Ukraine (hereinafter - the Labor Code), with each payment of wages, the employer must notify the employee of the following data related to the period for which the payment of labor is made:
• the total amount of wages with a breakdown by types of payments;
• amounts and grounds of deductions and deductions from wages;
• the amount of wages to be paid.
In accordance with Article 115 of the Labor Code, wages are paid to employees regularly on working days within the time limits established by the collective agreement or the regulatory act of the employer, agreed with the elected body of the primary trade union organization or another body authorized to represent the labor collective (and in the absence of such bodies, by representatives, elected and authorized by the labor collective), but not less than 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.
If the day of payment of wages coincides with a weekend, holiday or non-working day, wages are paid the day before.The amount of wages for the first half of the month is determined by a collective agreement or a regulatory act of the employer, agreed with the elected body of the primary trade union organization or another body authorized to represent the labor collective (and in the absence of such bodies - by representatives elected and authorized by the labor collective), but not less payment for actually worked time based on the calculation of the employee's tariff rate (postal salary).
In the conditions of the simplified regime, the amount of the salary is determined by the labor contract, taking into account the minimum wage established by law, and the salary is paid to the employee in the terms established by this article and determined by the labor contract, but not less than twice a month after a period of time that does not exceed sixteen calendar days.
Salary to employees for the entire period of annual leave is paid before the start of the leave, unless otherwise stipulated by the labor or collective agreement.
From February 24, 2022, martial law was introduced throughout Ukraine. Article 10 of the Law of Ukraine dated March 15, 2022 No. 2136-IX "On the organization of labor relations under martial law" provides that the employer must take all possible measures to ensure the realization of the right of employees to timely receipt of wages. The employer is released from responsibility for violation of the obligation regarding payment terms if it proves that this violation occurred as a result of hostilities or other force majeure circumstances.
Exemption of the employer from responsibility for late payment of labor does not exempt him from the obligation to pay wages. In case of impossibility of timely payment of wages as a result of hostilities, the term of payment of wages may be postponed until the time of resumption of the enterprise's activities.
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Remember! The right to timely remuneration for work is protected by law. The Constitutional Court of Ukraine in its decision No. 2-рп/2008 of January 29, 2008 stated that the right to earn a living is inseparable from the right to life itself, since the latter is real only when materially provided.
WARNING! According to Part 5 of Article 97 of the Labor Code, workers are paid as a matter of priority. All other payments are made by the owner or the body authorized by him after fulfilling the obligations regarding payment of labor. In addition, the timeliness and amount of salary payments to employees cannot depend on other payments and their sequence - part six of Article 24 of the Law of Ukraine dated March 24, 1995 No. 108/95-VR "On Labor Payment".
According to the second part of Article 10 of the Convention "On the Protection of Wages", wages must be protected from attachment and transfer to the extent that it is considered necessary for the maintenance of the worker and his family.
