Recovery of unpaid wages

In case of a dispute between an employer and an employee over unpaid wages our law firm offers legal support for workers whose rights were violated and represents our clients in court.

Cost of services

• Statement of claim in court - 3 000 UAH;

• Representation in court - 500 UAH for one court session.

Wage is the compensation estimated, as a rule, in a monitory equivalent which under the labor contract the owner of the company or the authorized body pays to workers for their services. According to the labor legislation there are number of cases when unpaid wages can be collected:

- Collecting of added to payroll but not paid wages;

- Collecting wages for idle time;

- Collecting wages in case of involuntary absence;

- Collecting wages in cases of liquidation or bankruptcy of the enterprise.

In each separate case, there are nuances and subtleties that need to be considered before making a claim in court. In case of added to payroll but not paid wages according to norms of Civil Procedure Code of Ukraine there is a special procedure of collecting such wages.

The main point in this case is that there is no really a dispute between the involved parties the wage is already added to the payroll it only has to be paid. Procedure in this case is quite simple: judge makes a decision based on submitted to court documents in absence of both parties and issues a court decision which has an executive power.

To be successful in recovery of wages in cases of liquidation or bankruptcy of the enterprise one has to be guided not only the Labor Code of Ukraine, but also by the Law of Ukraine «On restoration of solvency of the debtor or recognition it as a bankrupt» (hereinafter - «On bankruptcy»).

In cases of liquidation or bankruptcy of the enterprise the liquidator makes decisions on recovering of unpaid wages in accordance with Article 31 of the Law of Ukraine «On bankruptcy».

Workers, in their turn, in accordance with Article 14 of the Law of Ukraine «On bankruptcy», have to submit a certain statement to the Commercial court within 30 days after publication on starting bankruptcy proceedings in printed mass media «Golos Ukrainy » or «Urjadovyj kurjer» in order to be acknowledged as creditor of the debtor.

After company declared а bankrupt, starting liquidation proceedings, sale of company's property through public auctions the liquidator, according to Article 31 of the Law of Ukraine «On bankruptcy», should pay to workers their wages out of accumulated sum. Workers have a priority among others on the list of creditors.

Over the years our law professionals have accumulated great deal of experience in solving labor disputes and will be glad to use it to your benefit!