The lawyer analyses the situation and determines the grounds for the recovery of wages in accordance with the Labour Code. The client and the lawyer sign a legal aid contract for further cooperation.
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Publication date: 26.07.2022
Reading time: 8 minutes
Number of views: 188
№
Stage
Term (days)
Cost
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1
Situation analysis1 UAH 2,280.00
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2
Preparing case files5 UAH 2,280.00
The lawyer analyses the case law, the legislation in force and writes the claim to the Civil or Economic Court, depending on the legal position previously formed.
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3
Receiving court decision90 UAH 3,420.00
The lawyer and the client verify that there are exemptions from the court fee. The lawyer, by agreement with the client, sends the generated receipt for payment of the court fee to the bank or sends the electronic form for payment of the court fee online. After payment, the client sends a receipt to the lawyer for payment.
The lawyer sends the claim to the court and represents the client’s interests in court for the purpose of recovery of salary arrears. The maximum number of visits related to the representation of the client’s interests in court is 5, each subsequent visit is additionally paid.
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4
Recourse to executive service7 UAH 1,140.00
The lawyer submits an application to the executive service to open enforcement proceedings for the enforcement of the court’s decision.
In general
103
UAH 9,120.00
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Salary collection through the court
The current legislation of Ukraine protects human rights in the matter of timely and full payment for one's work on the basis of an employment contract. Delays in payments are punishable by law, and are subject to administrative, and in some cases, criminal liability. In the event that the employer does not wish to pay the earned wages peacefully, debt collection through the court is organized.
Collection of wages in court: features
Judicial collection of wages is a process of forced receipt of payments due for work performed within specified terms in accordance with a lawsuit filed in court. Lawyers insist that, regardless of the real reason for the lack of accruals, it is impossible to let the situation go by itself, and even more so to wait in the hope that the company will make payments. Most often, there are situations when the company is liquidated, declaring itself bankrupt, then the employee will definitely remain without payments. You also need to remember when organizing salary debt collection that:
● The employer is not released from responsibility even if he does not have the funds to pay wages to his employees.
● There is no statute of limitations for violations of the labor law.
● If the due funds are not paid after the dismissal of the employee, the employer is obliged to pay him the average monthly salary for the entire period up to the date of actual dismissal.
How unpaid wages are collected
Collection of arrears from wages usually occurs with the help of a professional lawyer. Legal support of the case through the court is carried out as follows:
1. First, the lawyer gets acquainted with the available documents of the client. Analyzes the situation and determines what grounds there may be for collecting arrears from wages in accordance with the Labor Code and other laws related to the protection of the rights of the worker.
2. After that, the client and lawyer conclude an agreement on the right to provide legal assistance. In this way, the lawyer can familiarize himself with the documents and represent the interests of the client.
3. Preparation of a statement to the court. The lawyer analyzes existing court practice and current legislation, then files a lawsuit in the Civil or Commercial Court, depending on the legal situation.
4. Obtaining a court decision. The client and lawyer first check whether there is an exemption from paying court fees. After that, the client pays all the necessary fees and the lawyer sends the receipt and all the necessary documents to the court. The collection of wages must be accompanied by a lawyer in court - he attends every meeting. The maximum number of visits usually does not exceed 5, each subsequent one is paid additionally.
5. Control over court execution. After receiving a court decision, a lawyer's duties include creating an appeal to executive services. This is necessary for the opening of proceedings on the enforcement of a court decision, i.e. on the enforcement of a debt. To receive funds, you will need bank details.
In order to organize the collection of unpaid wages, the lawyer may need various documents, which should be proof that the claimant did not receive financial funds and worked for this organization, for example:
● Passport and TIN of the applicant.
● If possible, a hiring and firing order is provided.
● Employment contract, a copy of the employment book.
● Documents confirming the existence of debt, for example, a certificate from the accounting department, a settlement sheet, a copy of the payment statement, etc.
To arrange for the collection of wages through the court, contact our online service. We suggest downloading the application, which will allow you to quickly and conveniently contact leading lawyers in Ukraine and ask all the questions of interest, as well as schedule a meeting to start cooperation.
If you have any questions or difficulties with downloading the program, contact our specialists using the contacts indicated on the site.
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