Labour disputes
The idea that employer is always right is gradually being formed among Ukrainians. A lot of illegally fired employees are not ready to claim their rights. Employers are “forgiven” for unpaid salaries, unpaid leave, unreasonable refusals to hire. Instead, no one revoked the right of Ukrainians to work and to decent working conditions. They are worth fighting for!
Were you fired illegally? Were your rights violated during the public service? Did your employer owe you a salary or other benefits? Seek legal advice at Attorneys’ Association Legard!
Our services cover representation of the client’s interests in individual labor disputes in various areas:
submission of written application to employer / commission on labor disputes at the enterprise, addressing the State Labour Service of Ukraine with a complaint, addressing the law enforcement agencies, a lawsuit.
in case of illegal dismissal, cancellation of the order of dismissal, recovery of the average monthly wage upon renewal of employment.
in particular – dismissal, demotion in a rank, demotion in a position, dismissal with deprivation of a rank, demotion in a special rank and so on.
regarding illegal dismissal, transfer / moving to another position, changes of working conditions, non-payment of wages and other amounts, renewal of a civil servant by a court decision, appeal against decisions of competition commissions.
for material damage compensation.
due to causing damage to employee’s health by conditions of production, compensation for non-pecuniary damage.
(including – additional, child care leave, educational leave).
as unreasonable.
in case of its delayed issuance upon dismissal.
as regards the date or ground for dismissal, in particular – by agreement of the parties, at the initiative of the employee, in connection with expiration of the employment agreement, at the initiative of employer.
LIMITATION OF ACTION IN LABOUR DISPUTES
- In the event of labor dispute, the employee may file a lawsuit in court within 3 months. The countdown begins from the day when he found out / should have found out about the violation of his rights.
- For disputes concerning dismissal, the deadline for filing a lawsuit is 1 month. The countdown begins from the date of delivery of a copy of the order of dismissal / issuance of the work record book.
- For disputes concerning remuneration of labor, the terms of filing a lawsuit in court are not limited by law. There is a period of 1 year for employer to file a lawsuit against the employee for recovery of material damage. The countdown begins from the date the damage is detected.
THE ORDER OF CONSIDERATION OF LABOUR DISPUTES IN COURT
- Labor disputes are considered in court by way of simplified proceeding – the term of consideration is not more than 60 days.
- Such cases are considered without notifying the parties on the basis of available materials.
- EEach party may file the application for notification on consideration of the case.
- The court may reject such application in case of recovery of less than 100 subsistence minimums.
Enlist the support of a reliable and strong legal counsel to achieve the desired result in a labor dispute!