Recovery of Funds Owed to the Employee

Since 2008, the attorneys of the “First Legal” Law Firm have been protecting the violated labor rights of their clients. A large number of labor disputes are related to the recovery of funds owed to the employee by filing a court claim. By choosing us, you are guaranteed to achieve your goal in the most efficient way and in the shortest possible time.

A citizen’s right to receive remuneration for work is protected by the Constitution of Ukraine, the Labor Code of Ukraine, the Law of Ukraine “On Remuneration of Labor,” and other laws and regulatory legal acts of Ukraine. It is not uncommon for an employer to fail to calculate the main or additional wages, incentive or compensation payments, etc., required by the employment contract and the legislation of Ukraine, or not to pay the already calculated amounts, thereby grossly violating the employee’s rights. Also, upon reinstatement after unlawful dismissal, the employee has the right to receive average earnings for the period of forced absence from work or the difference in earnings for the period of performing lower-paid work. In such cases, the specialists of the “First Legal” Law Firm will help you obtain the payments due to you by filing a claim with the court.

In the event of a violation of wage legislation, an employee has the right to file a lawsuit in court to recover the wages and all payments owed to them under the conditions of the employment contract and in accordance with the state guarantees established by law, without any limitation period.

According to Article 445 of the Civil Procedure Code, in cases concerning the recovery of wages or other payments arising from labor relations, restitution (reversal of execution) is not allowed, regardless of the manner in which the decision was made, except in cases where the decision was based on forged documents or knowingly false information from the plaintiff.

Therefore, the employee is not obliged to return funds (average earnings for the period of forced absence, wages earned after reinstatement until the decision is revoked) paid to them unless it is proven that the previous court decision was based on forged documents or knowingly false information from the plaintiff.

The services provided by the “First Legal” Law Firm in representing individuals in disputes regarding the recovery of funds owed to the employee include:

• Legal analysis of all necessary documents provided by the client;
• Preparation of a legal position and agreement of it with the client;
• Collection of evidence (including by submitting attorney requests);
• Preparation and filing of a statement of claim in court, assistance in paying the court fee;
• Consultation on the procedure for enforcing the court’s decision.

By agreement with the client, the “First Legal” Law Firm can also provide the client with professional legal assistance of an attorney during court hearings and in appellate or cassation proceedings.

The attorneys of the “First Legal” Law Firm will take on the burden of gathering all the necessary evidence, preparing the required procedural documents, and representing and defending your interests in court. If needed, the specialists of the “First Legal” Law Firm are also competent to represent the client’s interests during enforcement proceedings.