Teamwork in support of the case allowed us to recover wage arrears

According to the current legislation, even under martial law, the employer's obligation to pay wages to employees is unconditional, but in Maksym's case, the employer neglected its obligation to pay wages both before and after the start of the full-scale invasion.

In April 2022, during an on-site consultation in Dnipro, DRC lawyers were approached by a young man, Maksym, who had moved from the area of active hostilities in Luhansk region, with a question about collecting wage arrears.

During the conversation, it became known that even before the full-scale invasion, the company where he worked paid wages with a long delay, and with the declaration of martial law in the country, the employer stopped paying wages altogether. In addition, the man was ready to resume work in the controlled territory and tried to communicate with his employer. In response, the management offered nothing in return, but did not dismiss the staff either.

The lawyer together with Maksym built a strategy that eventually worked. First, it was necessary to obtain confirmation of accrued and unpaid wages. Secondly, it was necessary to formalize the dismissal so that this issue would not interfere with further steps in finding a job and receiving unemployment benefits. Thirdly, to recover the existing debt from the employer through the courts.

At each stage of the case, DRC lawyers provided practical assistance to protect the labor rights of the internally displaced person, drafted inquiries, prepared a statement of claim to the court and explained the peculiarities of the trial so that the man could defend his rights in court without a representative.

The court satisfied Maksym's claims in full. This was followed by an equally important step - enforcement of the decision. The lawyers also provided support at this stage. Thanks to close cooperation with the state enforcement officer in charge of the enforcement proceedings to enforce the court decision, the employer compulsorily paid Maksym's existing debt in full in July 2023.

Maksym intends to continue to fight for his labor rights. The current legislation provides for the employer's liability for late severance pay, which entails the recovery of average earnings for the entire period of delay up to the day of actual payment. DRC's lawyers will continue to provide legal assistance to Maksym in drafting the relevant statement of claim to the court.