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Publications Невиплата зарплати. Як повернути зароблені гроші?

Every one of us has faced a situation at least once in our lives where a business owner has delayed the payment of wages. It can be even more frustrating if there is a delay in paying the money due to an employee who quits their job. After all, no one wants to sit without money and work at the same time!

The above violations are common and not everyone knows how to react to them correctly. Some people are advised to go to court straight away, others to negotiate with their bosses because non-payment of wages is a violation of labour law. The truth is that there is a fairly clear sequence of actions which, if followed, can quickly resolve the dispute.

Where to go if wages are not paid Ukraine? Tips for employees

The first tip is that you should not panic, worry and call the law enforcement authorities straight away. Calm down, wait a day or two and talk to your manager about the payment of your money. The reason for the delay may be trivial short-term shortage of funds or unsatisfactory work of the accountant of the enterprise. In any case every manager (even unscrupulous ones) is mindful of the obligation to pay the wages of his subordinates. As part of your first conversation with management you should not threaten lawyers or the courts, but try to explain that you need to receive money because you have a purchase, a medical treatment, a dentist etc. planned.

If the first contact with the management is not satisfactory, you should remind them again that you are in breach of the deadline for paying your wages. During the second communication to threaten the management also does not make sense yet, better prepare for such a conversation legally. Quote to your superior the articles of law concerning penalties for late payment. You should look as competent as possible. Your legal awareness will qualitatively distinguish you from other employees who may hesitate for months to come up to the management to talk about the payment of wages. This way, your bosses, sensing some insolence and potential legal danger from you, will be sure to put you on the 'priority list' for payment of debts.

Where to complain if your employer does not pay your wages

The Labour Inspectorate monitors compliance with labour law. That is where you should complain to them if your superiors do not respond to your requests. But before you do, it is advisable to take the following steps in turn:

  • speak to the director or the owner for the third time and say that you have made an appointment with a lawyer and ask for help from a third cousin who works for the Labour Inspectorate (try to scare the boss). The main thing is to conduct the conversation as confidently as possible and in a position of strength, not a request. The employer needs to feel that you are determined to achieve what you want. Hint to the employer that you are even prepared to quit your job (this will show that you are not too dependent on the work). Tell him that in addition to the wages you owe, you also intend to recover moral damages and legal aid costs,
  • Pay a lawyer to draw up a legal claim against your boss for the payment of debts and threaten to call the law enforcement authorities. Remember that any verbal conversation is not recorded. For the employer, a nicely drafted request from a lawyer will be much more weighty than perpetual verbal requests from employees,
  • come to the management together with a lawyer with specifically formulated demands. It should be recognised that you can work as a janitor, a labourer, etc. This does not mean that you are worse or better than others, but if you come to your boss with a nicely dressed lawyer in a strict suit and tie, who knows how to communicate 'properly', the effect of the conversation will be much higher,
  • Pay the lawyer to draw up complaints against the employer to the Inspectorate of the State Labour Inspectorate. Any business is afraid of inspections by controlling authorities and expensive legal proceedings. Especially businesses which are in breach of the law.
     

First a rally, then a trial

If the non-payment of wages is systematic and the manager does not react to your demands, it is possible to take more radical measures. Arranging a rally of the company's employees or gatherings of the work collective and involving journalists in the problem are also quite effective methods, but they are applied in extreme cases when the company has significant wage arrears to a large number of employees. It is highly unlikely that journalists will be interested in a story that a company owes you one thousand hryvnias for three days.

Only if these methods will not bring the required results and the employer does not pay the salary even further will you need to go to court to claim your debt. There is no time limit and you do not have to pay the court fee.

You will not get the money if you do not have it.

Before filing a claim you must file a complaint against your employer with the Labour Inspectorate. In addition it is important to check that your employer does not have any assets or money in his bank accounts. Remember that a court order for the recovery of wage arrears cannot be enforced if the employer is as naked as a hawk! The enforcement service will not be able to make your employer pay the wage arrears if the company has no assets (which could be sold off to pay off the debts) and the bank accounts are empty.

In such a case you should contact the law enforcement authorities and try to hold the employer criminally liable because non-payment of wages for more than one month, committed with intent, is grounds for criminal liability (Article 175 of the Criminal Code of Ukraine). If you have nevertheless applied to the court with application for the writ or claim, it is important to understand the terms of consideration of the case. If you filed an application for a court order the deadlines are shortened (15-20 days). But the employer may easily cancel such court order. If a lawsuit is filed, the time frame is quite long (3-9 months), but the employer will not be able to easily challenge such a decision.

In addition to the amount of wages owed, the employee may also claim average earnings for the period of delay (from the date of dismissal to the date of actual payment) and compensation for moral damages.

After obtaining a court order for the recovery of wage arrears, the next step is enforcement proceedings. The employee, who has obtained a decision in his favour, also receives a separate document from the court - the writ of execution, which is sent to the enforcement service.

When the enforcement proceedings are opened, the enforcement officer seizes the property of the debtor and his bank accounts. In addition, the executor charges the debtor with an additional ten percent of the debt as an enforcement fee. Thus, it is in the debtor's best interest to pay the debt before the enforcement proceedings are opened. You are therefore advised to additionally contact the debtor to pay the debt voluntarily before submitting the writ of execution to the relevant enforcing authority.

In the case of an employee who has not been paid their wages when they are dismissed, the procedure for trying to recover their money is the same. You should first talk to the director, pointing out that it is illegal and only after the employer has not listened to what you have to say should you take action, involving lawyers and litigation.

Wage arrears can be recovered from your employer in two ways:

  • By way of an enforcement action
  • Claims procedure

It is easier and faster to collect their money in order of mandative proceedings. In this case, the issue is resolved without calling the parties in court. If the debt of the employer is proved, the execution proceedings will only be started. The employee is in possession of a certificate of salary arrears, as well as documents which confirm the fact of his employment in the business. Then, within three days of the commencement of proceedings, a court order will be issued, without summoning the parties to the trial.

At least two months are required if the case is to be dealt with as an action. The procedure involves summoning the parties to court. There they will each prove their case and present evidence to the court.

Please note that in an enforcement proceeding, only the amount owed will be recovered. And under the law, an employee is entitled to compensation due to late or non-payment of wages. Compensation can only be recovered by means of an enforceable proceeding. In order to receive compensation, the company must obtain:

  • an estimate of wage arrears
  • a copy of the orders of employment
  • a copy of the notice of termination
  • a copy of the employment record book

After that the employee goes to the court and applies for a court order to pay the accrued but unpaid salary. All of the above documents must be attached to the application. Then there are two options: the court will either issue an order to collect the money from the employer or not. If it does not, you can go to court again by filing an action.

Кроме суда, сотрудник может обратиться в полицию с заявлением о том, что его работодатель нарушает трудовое законодательство и не выплачивает зарплату. А за это предусмотрена административная и криминальная ответственность.

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