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Payment of accrued but unpaid wages to an employee: Legal aspect.
Payment of accrued but unpaid wages is an urgent problem for many workers in Ukraine. Despite the legal guarantees, some employers for various reasons delay or do not pay wages to their employees. In such cases, employees have the right to collect unpaid wages through the court. This article will look at the legal aspects of wage debt collection, how to file a claim, and the steps you need to take to protect your workers' rights.
The procedure for collecting unpaid wages
Debt collection from salary
Salary arrears can be collected through negotiations with the employer or through the court. At the initial stage, the employee can apply to the employer with a written demand for payment of wages. If the employer refuses or does not respond to the appeal, the employee has the right to appeal to the court.
Salary collection through the court
Preparation of documents: The employee needs to collect all documents confirming the accrual, but non-payment of wages. These can be payslips, bank statements, employment contracts, hiring orders, etc.
Statement of claim: A statement of claim for the collection of wages must contain information about the parties, the circumstances of the case, the amount of the debt and claims against the defendant. All necessary documents are attached to the application.
Filing a claim in court: A claim is filed in court at the defendant's place of residence or at the place of performance of work.The employee is exempted from paying court fees in cases of wage collection.
Trial: The court examines the case, evaluates the evidence presented and hears the parties. Most often, such cases are resolved in favor of the employee, if there is sufficient evidence of non-payment of wages.
Court decision: After issuing a court decision on the recovery of arrears from wages, the employer is obliged to comply with this decision. In case of non-compliance voluntarily, the decision can be enforced through the enforcement service.
Legal aspects of wage collection
Collection of wages in court
Collecting wages in court has certain advantages for the employee. Court proceedings allow to officially confirm the debt and ensure enforcement of the decision. It is important to note that the employer is responsible for timely payment of wages, and delay may result in additional financial penalties.
Employer's responsibility
According to the current legislation, the employer is obliged to pay wages within the terms established by the employment contract and legislation. In case of delay in the payment of wages, the employer may be held administratively or criminally liable, and must also pay compensation to the employee for each day of delay.
Conclusion
Collecting unpaid wages through court is an effective way to protect the rights of employees. The procedure for collecting arrears from wages includes the preparation of documents, the filing of a claim and participation in the court process.Employees have the right to demand payment of wages and compensation for delay. It is important to know your rights and seek legal help in time to protect your interests.
