How to return earned funds

     Collection of unpaid wages through the courts in Ukraine is a procedure that can be initiated by employees if the employer violates labor rights and does not pay proper wages. This procedure is regulated by the Labor Code of Ukraine and the Civil Procedure Code of Ukraine. Below are the basic steps for collecting unpaid wages through the courts.

                                Steps to collect unpaid wages through court

Previous actions

    1. Document verification: make sure that you have all the necessary documents confirming the fact of work and the amount of unpaid wages (employment contract, hiring orders, time sheets, payslips, bank statements, etc.).
    2. Addressing the employer: before filing a lawsuit, you can try to resolve the issue amicably by contacting the employer with a written demand to pay wages.
    3. This may be a recommended step to demonstrate the employee's good faith.

Preparation of a statement of claim

    1. Content of the claim statement: the claim must clearly state the grounds for the claim, indicate the amount of unpaid wages and the period for which it was not paid. It is also worth noting the requirement to pay compensation for delayed wages, in accordance with Article 34 of the Law of Ukraine "On Wages".
    2. Appendices to the statement: copies of all documents confirming the employee's claims (employment contract, orders, settlement sheets, etc.) are attached to the statement of claim.

Submission of a claim to the court

    1. Court: the lawsuit is filed in the local (district, city) court at the location of the defendant (employer) or at the place of residence or work of the plaintiff (employee).
    2. Payment of court fee: usually employees are exempted from payment of court fee in wage collection cases.

Consideration of the case in court

    1. Judicial process: the court appoints the date of the meeting at which the case is considered. The parties may present evidence, testify, participate in debates.
    2. Resolution of the dispute: after considering the case, the court makes a decision on the collection of wages, compensation for delayed payments, moral damages (if such a claim was made) and other possible payments.

Execution of a court decision

   1. Obtaining an executive letter: after the decision has entered into force, the employee can receive an executive letter.
   2. Submission of writ of execution to the enforcement service: The writ of execution is submitted to the State Enforcement Service or a private executor for enforcement of the court decision.

Additional aspects

    1. The statute of limitations: the statute of limitations for applying to court for the collection of unpaid wages is three years from the day the employee learned or should have learned about the violation of his right.
    2. Possibility of appeal: the court's decision can be appealed in the appeal and cassation procedure, if one of the parties does not agree with it.
    3. Trade Unions and the Labor Inspectorate: The employee can also seek help from the trade union or the Labor Inspectorate, who can provide advice or support.

Conclusion

    The procedure for collecting unpaid wages through the court includes the preparation and submission of a statement of claim, consideration of the case in court and execution of the court decision. It is important to have properly executed documents and evidence that support the employee's claims. The court process may take some time, but in the case of a positive decision, the employee will be able to receive proper wages and compensation for the delay.