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.
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:
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.
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:
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:
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.
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.
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:
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.
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:
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.
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