The employee is not paid more than 15 days ' wages

You can read it later on from any facility, but the employees have to take care of their own interests. The law states that if the employer delays the salary for more than 15 days, the employee has the right not to go to work, but the company will have to pay him the average wage during the waiting period. It is sufficient for the employee to send a notice to the employers' legal address about the suspension of work with a valuable letter of attachment.

Contents:

• Delayed wages as a reason not to go to work
• Ukrainians may not go to work: a new law will fundamentally change everyone's life.
• They don't pay their wages: what to do and where to go?
• What if the employer failed to pay the salary — a directive from a lawyer
• Salary delay in 2019
• Ask a lawyer: What if you are not paid or delayed?
• Impact of delayed payment of salaries
• What if they don't pay their wages?
• If the employer doesn't pay the salary

Delayed wages as a reason not to go to work

Do you think that the employer is violating your rights? Or vice versa, are you not sure if your actions towards the company are legal? In the comments to each material, you can ask questions about your work rights and duties, and we will ask the experts, the leading specialists in labour law, to explain the points at stake.

Consider some of the problems faced by workers in paying their salaries and possible steps to address them.

The delay in wages or part thereof shall be paid regularly to employees on working days at least twice a month, not exceeding 16 calendar days, and not later than 7 days after the end of the period for which the payment is made.

These requirements are mandatory for all employers, without exception, and if the day of payment of wages coincides with the holiday, holiday or non-working day, the wages are paid on the day before, and at the same time the specific periods for payment of wages are set by the enterprises themselves in the collective agreement or by the employers' regulation agreed with the trade union or other authorized labour organization within the above-mentioned framework.

No compensation shall be paid for wages not received in a timely manner on account of the employees' fault; any other payment, such as arrears, may not be invoked by the employer in the event of a delay in wages, since the payment of the employees ' labour is made as a matter of priority.

In addition, in such a case, the legislature provides for financial sanctions to be imposed on the employer in the form of a fine of three times the minimum wage. It should be noted that the employer may not, when the wage is delayed, invoke the payment of any other payment, such as debts, since the payment of the employees of the enterprise is made as a matter of priority.

All other payments are made by the enterprise after the payment obligations have been fulfilled. The period of recourse to the court in the event of a violation of the law on pay is not limited, and the plaintiff does not pay the legal fee for filing a claim for payment of wages. The calculation of dismissal is the employers' duty. In accordance with the article, the full payment with the dismissed employee is the employers' duty.

If you refuse to accept the application intentionally, you should send a letter with an account of the investment and a notice of payment; then if the employer does not take any action, you should apply to the court for recovery of the defendants' average salary for the time of the delay in payment of the termination.

The average wage for the period of forced absence is determined in accordance with paragraphs, 8 of the Regulations on the calculation of average wages approved by a decision of the Cabinet of Ministers of Ukraine, and if the employee has not been given a workbook upon dismissal, he or she does not have some documents that confirm the existence of an employment relationship with the enterprise or on the basis of which the amounts are calculated, the court should file an application for evidence from the defendant.

In order to do so, the plaintiff must provide evidence of the steps taken to obtain the necessary documents on his own, such as an earlier application to the employer, which is limited to three months from the date on which the employee learned or had to learn of the violation of his or her right under article 1.

The good news for employees is that in this category of disputes the court is usually on the side of the employees if the employer cannot prove the final settlement.

The non-formalization of the employment relationship is a gross violation of the labour law; for example, the employer may be held administratively and criminally liable; the penalty for such a violation for the employer is now 30 times the minimum wage for each worker; this is due to the fact that it is not possible to recover the wages of an unofficially employed worker in civil proceedings without adequate proof.

Consequently, such a person will not be able to exercise the right of protection provided for in Ukrainian labour legislation; the penalty for such a violation for the employer is now 30 times the minimum wage for each worker. Thus, in the event of a conflict with the employer, it is possible to draw his attention to the possibility of the above liability, but in any case informal employment carries significant risks for both employers, in particular in the form of high fines, and for an employee who loses the means of protection provided by law.

Therefore, such risks are not justified. Which questions have already been answered by lawyers:

Ukrainians may not go to work: a new law will fundamentally change everyone's life.

However, the labour law requires the employer to pay for the employee's work regardless of his or her own financial situation, and we shall then consider in this article what rights are granted to the employee in the event of a delay in payment of wages and what the employer risks in the event of such delays. Compensation for the delay in payment of wages In accordance with article 3 of the Labour Code, the following parameters must be determined to determine the amount of compensation: "The amount of unpaid wages; the delay shall begin to flow from the day following the day of payment of wages, and shall end on the day the employer will pay the salary arrears."

And it can completely destabilize not only public life, but also any governing political system, for example, according to Rosstat, wages owed only to enterprises and organizations that are not small businesses amounted to more than 2.5 million as of 1 March. That is to say, as of 1 March, employers owed salaries to 41 people, and this figure is for only one month.

They don't pay their wages: what to do and where to go?

It is easy to write a statement to the companys' director. If such an application is not submitted by the employee, the employer may decide that the failure to go to work is not due to a delay in the salary but rather to an irregularity in the working order. 81 articles of the Labour Code may be dismissed on the employers' initiative. As a result, instead of defending his rights before the employer, the employee will be dismissed for a lack of time. It is therefore necessary to write a statement, making sure that he reaches the manager. It is best to draw up two identical models of applications, the first to be filed with the organization and the second to keep the employee, with a notice of acceptance. This will confirm that he has notified the employer in writing of the suspension of work due to the delay in payment of the salary. According to established judicial practice, for the duration of the delay in payment of the salary, including the period of suspension of work, the employee has the right to retain the average wage.

What if the employer failed to pay the salary — a directive from a lawyer

If an employee has declared a strike for non-payment of wages, he or she has the right not to come to work, and the employer will be obliged to pay him or her even for days in which there has been no professional activity, and it is prohibited to impose penalties for failure to perform his or her duties if the employee has not gone to work because of a delay in payment; the official text of the Labour Code stipulates that the employer is obliged to pay compensation to the employee for each day of delay; it is calculated as a percentage of the amount of payment not received in time.

The legislature has clearly defined the rules for the calculation and payment of the employees' wages, but often the employer is unwilling or unable to comply with the law. There are several ways to resolve the issue of payment of wages. Let us look at them. The legislator has identified several possibilities to protect workers ' rights in the event of non-payment or delay in payment of wages.

Salary delay in 2019

Do you think that the employer is violating your rights? Or vice versa, are you not sure if your actions towards the company are legal? In the comments to each material, you can ask questions about your work rights and duties, and we will ask the experts, the leading specialists in labour law, to explain the points at stake.

The company's paid strike of employees has been a month's delay in paying employees' salaries. Can employees stop going to work? Can the employer dismiss the employees for absence? If the employee does not go to work, will he be paid for the time he is absent, if the employer does not pay and the employee decides to go to court? An employee who is not paid for his salary may apply for self-defense.

Ask a lawyer: What if you are not paid or delayed?

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Impact of delayed payment of salaries

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What if they don't pay their wages?

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If the employer doesn't pay the salary

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