Publication date: 26.05.2024
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Collection of wages
Judicial collection of wages in Ukraine may be necessary in cases where the employer does not pay wages on time or in full. The procedure for collecting wages through the court includes several steps:
1. Appeal to the employer. The first step is to try to resolve the issue directly with the employer. Write an official written demand for the payment of the debt, indicating the amount and the period during which the payment is expected. This can be a letter delivered in person or by post with a notice of delivery.
2. Appeal to the labor inspection. If the employer does not respond to the request, you can contact the State Labor Service of Ukraine. They can conduct an inspection and apply administrative measures against the employer.
3. Legal action. If the issue is not resolved, the next step is to go to court. This can be done by filing a lawsuit in the local court at the employer's location or at the place of work. How to prepare a statement of claim to the court
The statement of claim must contain:
- name of the court;
- information about the plaintiff (your full name, address, contact details);
- information about the defendant (employer);
- a statement of the circumstances of the case (when and how the debt was incurred, the amount of unpaid wages, periods of debt);
- supporting documents (copy of the employment contract, payslips, correspondence with the employer, etc.);
- claims to the court (payment of debts, compensation for moral damage, etc.);
- the applicant's signature and the date of submission of the application.
Prepare all documents supporting your requirements, including:
- employment contract or contract;
- orders on employment, transfer, dismissal;
- time sheets;
- settlement sheets (payment information).
- correspondence with the employer (if any).
A court fee must be paid when filing a claim. The amount of the fee depends on the amount you are claiming and the type of claim. However, in wage collection cases, the employee may be exempted from paying court fees.
Judicial proceedings
Court proceedings may include several stages:
1. Preparatory session where the court determines the sufficiency of the submitted evidence and the possibility of resolving the case.
2. Court hearings where parties are heard, evidence is examined, witnesses are heard (if any).
3. Making a decision by the court.Execution of the court decision
After receiving a positive court decision on the collection of wages, the employer is obliged to fulfill it. If the employer does not comply with the decision voluntarily, you can apply to the enforcement service for enforcement.
Legal assistance
It is recommended that you contact an attorney or a lawyer who specializes in employment law to ensure that the documents are properly drawn up and that your interests are protected in court. You can turn to qualified legal advisers who will provide you with qualified assistance and help you in the matter of collecting unpaid wages.
