Non-payment of wages is a gross violation of the rights of the employee and labor legislation. Non-payment or late payment of wages can drag on for many months. Moreover, non-payment may not be associated with a violation by the employee of the performance of his duties. Rather, on the contrary, you work overtime, perfectly cope with your duties, bring profit to the company, but you are sitting without a salary, and salary arrears are growing more and more every month.
It is highly undesirable to delay wage arrears, especially since this issue can be settled either directly with the employer or in court.
We will help you with this.
The problem with debt can arise in two cases, either you are not paid wages on time, once, instead of twice, per month, or you are not paid at all for many months. Fortunately, the legislation of Ukraine provides for ways to collect wage arrears.
According to the law, wages must be paid to employees regularly on working days within the time limits established by the collective agreement or the employer's regulation, agreed with the elected body of the primary trade union organization or other body authorized to represent the labor collective (and in the absence of such bodies, representatives elected and authorized labor collective), but at least twice a month after a period of time that does not exceed sixteen calendar days, and no later than seven days after the end of the period for which the payment is made.
If the day of payment of wages coincides with a weekend, holiday or non-working day, wages are paid the day before. Wages to employees for the entire period of annual leave are paid no later than three days before the start of the leave.
The amount of wages for the first half of the month is determined by a collective agreement or a regulation of the employer, agreed with the elected body of the primary trade union organization or other body authorized to represent the labor collective (and in the absence of such bodies, representatives elected and authorized by the labor collective), but not less than payment for the time actually worked at the rate of the tariff rate (Salary) of the employee.
Accordingly, if the employer violates the requirements for the payment of wages, the employee has the right to receive it in court plus compensation for damages for the delay in payment.
We will advise you on all matters of payment of wages, and in case of delay or non-payment of wages, we will help you to recover wage arrears in court.
Thus, if the employer has delayed the payment of wages or does not pay it for more than a month, then, according to the law, criminal or administrative liability is imposed on him.
Violation of the frequency of payment (set terms of payment) of wages or its payment not in full entails the imposition of a fine on the employer (officials of enterprises, institutions and organizations, regardless of the form of ownership and citizens - business entities) from thirty to one hundred tax-free minimum incomes of citizens .
For example, if an employer pays you wages once a month instead of twice, then a fine in the amount of UAH 510 to 1700 may be imposed on him.
Groundless non-payment of wages for more than one month, committed intentionally by the employer (the head of an enterprise, institution or organization, regardless of the form of ownership, or a citizen - a business entity) is punishable by a fine of five hundred to one thousand non-taxable minimum incomes of citizens or correctional labor for up to two years or imprisonment for up to two years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
If the non-payment of wages for more than one month was committed as a result of the misuse of funds intended for the payment of wages, the employer shall be punished by a fine of one thousand to one and a half thousand tax-free minimum incomes of citizens, or restraint of liberty for a term of up to three years, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
For example, if an employer does not pay you wages for more than one month, he may be fined in the amount of UAH 8,500 to 25,500, he may be deprived of his liberty or the right to hold certain positions.
Therefore, if your wages are delayed, you should remind your manager of your right to timely payment and appropriate remuneration, as well as the liability provided by law in case of violation of your right.
If your employer fails to pay your wages after the steps you have taken, we will help you litigate your wages and recover damages you have suffered due to long delays in paying your wages.
