Labor Disputes Regarding Wage Recovery from Employers

Every employer seeks to minimize costs or increase the income of their business. Some do this through staff reductions or implementing advanced technologies, while others may resort to illegal methods such as withholding wages. According to statistics, labor rights regarding fair pay are violated in 42% of cases, and only a few know how to defend these rights. Labor disputes over wage recovery are a common issue in Ukraine. In this article, we will explain what to do if your wages haven’t been paid for several months.

What laws does the employer violate?

If wages are delayed for more than seven days, the employer violates Ukrainian legislation. Such violations lead to criminal liability under Articles 172 and 175 of the Criminal Code of Ukraine, as well as administrative liability under Article 41 of the Code of Ukraine on Administrative Offenses.

How to resolve wage payment issues?

1. Amicable settlement. The first step is to attempt to resolve the issue directly with the employer.
2. Appeal to government agencies. If no agreement is reached, you can file a written complaint with the territorial office of the State Labor Service.
3. Appeal to the prosecutor’s office. The prosecutor’s office can intervene even if you are working unofficially. The prosecutor has the right to inspect the company, request necessary documents, and initiate legal action or a criminal case against the employer under Article 175 of the Criminal Code of Ukraine.
4. Lawsuit. If previous actions do not bring results, you can file a lawsuit in the district court either at your place of registration or where the company is located. You will need a properly formatted statement and documents confirming your employment and the employer’s wage debt.

Legal assistance in labor disputes

Handling wage recovery disputes with employers can be challenging and requires professional legal support. The “Advocacy and Real Estate Association of Ukraine” offers the services of experienced lawyers and attorneys who can help you resolve any labor-related disputes. We provide legal consultations on all aspects of labor law, assist with document preparation, and represent your interests before third parties or government agencies.

For more information, contact us at +38 (067) 538 3907.