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Publication date: 05.06.2024
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Publication date: 05.06.2024
The average earnings during forced absenteeism are calculated based on the norms of the current legislation of Ukraine. In accordance with Article 235 of the Labor Code of Ukraine, the average salary is paid to the employee during forced absenteeism.
- The procedure for calculating average earnings.
1. Determination of the settlement period:
• The calculation period is the last 12 calendar months preceding the month in which the right to compensation arose.
2. Calculation of the amount of earnings for the settlement period:
• All earnings received during the calculation period are taken into account, including the basic salary, bonuses, allowances, other payments.
3. Calculation of the number of working days in the calculation period:
• All working days for the calculation period according to the company's work schedule are taken into account.
4. Calculation of average daily earnings:
• Average daily earnings are determined by dividing the amount of earnings for the calculation period by the number of working days in this period.
5. Calculation of the amount of average earnings during forced absenteeism:
• The amount of average earnings during forced absenteeism is calculated by multiplying the average daily earnings by the number of working days of forced absenteeism.
Calculation formula.
Average daily earnings=Number of working days in the calculation period
The amount of earnings for the calculation period
Average earnings during forced absenteeism=Average daily earnings×Number of working days of forced absenteeism
Collection of debt from wages / recovery of wages through court - This calculation helps to determine the amount that the employee should receive for the period during which he was deprived of the opportunity to work due to wrongful actions of the employer or other circumstances beyond the control of the employee.
In order to collect the average earnings during forced absenteeism in Ukraine, a certain procedure must be followed. The main stages of this procedure include:
- 1. Filing a complaint or lawsuit against the employer.
First, the employee must apply to the employer with a written application stating the demand for payment of the average salary for the period of forced absenteeism. The application should detail the reasons for forced absenteeism and add evidence of wrongful actions by the employer (if any).
2. Appeal to the labor inspection.
If the employer refuses to fulfill the employee's request, the latter can appeal to the State Service of Ukraine on Labor (Labor Inspection) with a complaint. The labor inspectorate will conduct an investigation and may impose a fine on the employer for violating labor laws.
3. Filing a lawsuit in court.
If it is not possible to resolve the dispute with the employer amicably, the employee can file a lawsuit in court to collect the average earnings for the period of forced absenteeism. The procedure for filing a claim includes the following steps:
Collection of documents:
• Employment contract or other document confirming employment.
• Evidence of illegal actions of the employer (orders, orders, correspondence, etc.).
• Average earnings calculations.
• Written testimony of witnesses (if any).
Submission of a claim to the court.
The statement of claim must contain:
• Full name and address of the claimant (employee).
• Full name and address of the defendant (employer).
• Description of the circumstances of the case and forced absenteeism.
• Claimant's demands (payment of average earnings).
• Attachments (copies of documents, evidence).
Participation in court sessions:
• After the filing of the statement of claim, the court appoints the date of the meeting. The employee must participate in court hearings, provide evidence and arguments in his favor.
4.Execution of a court decision.
• If the court rules in favor of the employee, the employer is obliged to pay the average salary for the period of forced absenteeism. In the case of non-compliance with the court decision voluntarily, the employee can apply to the enforcement service for enforcement of the court decision.
5. Compensation for moral damage.
• In addition to the recovery of average earnings, the employee can also claim compensation for moral damages if forced absenteeism caused him moral suffering. This issue is also resolved in court.
Collection of salary arrears / collection of wages -
Following these steps will help the employee effectively protect his rights and receive compensation for the time of forced absence.
Claims for the recovery of average earnings during forced absenteeism in accordance with Article 235 of the Labor Code of Ukraine (Labor Code of Ukraine) must be properly filed to ensure successful consideration of the case in court. Below is a sample statement of claim that can be used to file a lawsuit.
- Sample statement of claim.
To [name of court]
Claimant: [name of employee]
[Address of residence]
[Contact phone number]
Defendant: [Name of enterprise, institution or organization]
[Location Address]
[Contact phone number]
STATEMENT OF CLAIM
on collection of average earnings during forced absenteeism
Circumstances of the case:
I, [plaintiff's name], from [date] to [date] worked at [company name] in the position of [position]. [Date] I was unlawfully dismissed (or transferred, suspended, etc.) from my job, as a result of which I was deprived of the opportunity to work and receive wages.
Legal basis:
In accordance with Article 235 of the Labor Code of Ukraine, in case of illegal dismissal (suspension, transfer) of an employee, he is paid the average salary for the period of forced absenteeism.
Requirements:
Based on the above, guided by Articles 233, 235 of the Criminal Code of Ukraine and Articles 4, 118-120, 129-131 of the Civil Procedure Code of Ukraine,
I ask the court:
1. To recognize my dismissal (removal, transfer) from [company name] as illegal.
2. To collect from the defendant in my favor the average earnings for the period of forced absenteeism from [date of dismissal] to [date of filing of claim] in the amount of [amount] hryvnias.
3. To oblige the defendant to pay compensation for moral damage in the amount of [amount] hryvnias.
4. Reimbursement of court costs.
Add-ons:
1. A copy of the employment contract or order of employment.
2. Copy of the dismissal order (suspension, transfer).
3. Certificate of salary for the accounting period.
4. Documents confirming forced absenteeism (testimony of witnesses, correspondence, etc.).
5.A copy of the statement of claim and attachments for the defendant.
[Date of submission of application]
[Signature of the claimant] [Name of the claimant]
The procedure for filing a claim.
1. Preparation of documents: Collect all the necessary documents that confirm the facts stated in the statement of claim.
2. Filing a statement: File a statement of claim with the local court at the defendant's place of residence or at the plaintiff's place of residence.
3. Payment of the court fee: Pay the court fee in the amount established by law and attach the payment receipt to the application.
4. Participation in court sessions: To be present at court sessions, to provide evidence and arguments in support of one's claims.
Recovery of unpaid wages / recovery of wage arrears - Following these guidelines will help an employee protect their rights and receive adequate compensation for forced absence.
