What to do if you are not paid wages

One of the most common problems is the non-payment of wages: where to turn in this case and how to deal with the employer's illegal actions? Employees' rights are protected by a number of laws, including Article 43 of the Constitution of Ukraine, Article 21 and Article 15 of the Law of Ukraine “On Remuneration of Labor”, Article 97 and Article 241-1 of the Labor Code, Even delays in payment are a serious offense that may result in administrative liability, which provides for a fine for late payment of wages, or criminal liability. If you are in such a situation, the main thing is not to be afraid to act to get the money you earned.

Where to go if you are not paid your salary in Ukraine

If the company has a labor dispute commission, the employee can file a complaint. But in the absence of such a commission, if the employer fails to pay wages, the employee should contact the following authorities:

1. Government hotline. A call to 1545 allows you to get up-to-date explanations and recommendations based on the specifics of the situation, as well as to complain about illegal actions.
2. Prosecutor's office. In order to bring the employer to justice, a statement of non-payment of wages must be drawn up, a sample of which is available on official government information portals.
3. The State Labor Service of Ukraine. The service “Interactive Inspector” is available for online consultation.

However, the most efficient and effective way to protect your rights is to go to court. This is a longer and more complicated path, but due to the fact that there is liability for late payment of wages, those responsible will be punished. A lawsuit can be filed for the payment of the amount due in full, as well as compensation for damages caused by the delay.

How to resolve the issue if the salary has not been paid in full

To get justice, you need to prepare a basic package of documents that will become written evidence in court. Where to go if you are not paid your salary:

• a registered letter to the employer - a written request to repay the debt that has arisen; a copy of the letter and a postal check must be attached to the claim;
• information on accrued amounts - this data can be provided by both the employer and the Pension Fund (forms OK5 and OK7 - “Individual information about the insured person”);
• employment record book - with a record of hiring and dismissal, in the absence of this document, it will be replaced by certificates OK5 and OK7 from the Pension Fund.

What are the consequences for an employer if wages are not paid? The Criminal Code of Ukraine provides for criminal liability for this violation if the delays are unreasonable and for a period longer than 30 calendar days. Depending on the conditions under which the employer incurred the debt, you may be able to go to court:

• by writ of mandate - the recovery is indisputable: there is a specific amount and documents confirming the right to receive it;
• in a lawsuit - the late payment of wages arose from a dispute between the parties regarding the amount of wages or other factors.

The first option provides for faster consideration: the court order will be available in 5 days. In case of filing a statement of claim, the timeframe for consideration of the case, even under the simplified procedure, can reach 60 days.

Limitation periods

If you have not been paid your severance pay, you can file a lawsuit at any time, even if several years have passed. According to Ukrainian law, plaintiffs who apply to resolve this type of labor dispute are exempt from paying court fees.

Rules for drawing up a statement of claim

When applying to state authorities, it is important to prepare all the papers correctly - only if there is strong evidence does the employer face administrative or criminal liability for non-payment of wages. The application must contain the following information:

• name of the court - you can apply at the place of both the company's registration and the plaintiff's residence;
• information about the parties to the conflict - the applicant and his or her employer, as well as information about the employee's authorized representative (if any);
• claims and circumstances - if there is a delay in payment or non-payment of severance pay, the conditions and reasons for the debt, as well as the claimant's request, must be listed in detail.

It is important to attach all available documents and evidence that may be useful in the course of the case. It is on their basis that the court will consider the claim and decide whether to satisfy it.

Why it is better to consult a lawyer

Despite the danger of being fined for non-payment of wages, many employers break the law. And fighting with large companies in the legal field is not an easy task, especially in the absence of sufficient knowledge in this matter. Turning to specialists is important for a number of reasons:

• Saving time - the fight for justice requires active participation in the process, which may not be possible due to employment at a new place;
• Objective assessment - an experienced lawyer will help to understand what liability for non-payment of wages the employer may face, depending on which rules and laws have been violated;
• collecting and preparing evidence - an employment contract, payslips and other materials that will be convincing when going to court.

After officially receiving a letter of claim from a lawyer, the employer may agree to voluntarily pay off the debt to avoid litigation. However, if this does not happen and representation in court is required, a good specialist will successfully cope with this task.

Non-payment of wages upon dismissal is a serious offense that should not go unpunished. And professional legal assistance is the key to a quick and successful resolution of the conflict.