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Individual labor disputes Kyiv

Individual labor disputes and the procedure for their resolution

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The Labor Code does not contain a clear definition of the term “individual labor disputes”. Essentially, this type of dispute is an unresolved conflict between an employee and an employer. There can be many reasons for such a conflict.

Disagreements between a supervisor and a subordinate may arise due to delayed wages, deprivation of benefits, imposition of disciplinary penalties, cessation of compensatory payments, etc. If a dispute with a manager arises, the employee, under Article 221 of the Labor Code, may apply to:

  • the labor disputes commission;
  • a court.

It should be noted that appealing to the labor disputes commission is practiced rarely. All members of this commission are, first and foremost, subordinates of the employer. Therefore, it is highly doubtful that the labor disputes commission will consider a colleague’s complaint objectively.

If you still decide to file an application with this body, you should know that the law grants you 3 months for such an action. After receiving the employee’s application, the labor disputes commission must consider it within 10 days. The commission’s decision has the force of an enforcement order, meaning its verdict is subject to mandatory execution by the employer. We should note that not all labor disputes can be resolved by this commission.

Article 232 of the Labor Code states that in certain cases you may not apply to the commission but immediately file a lawsuit in court (for example, disputes concerning compensation for material damage, reinstatement at work, payment for forced absence, and others).

To be certain of a favorable outcome in your dispute, you need to enlist the support of a qualified specialist. Our lawyers provide the following services:

  • representation in court (for labor disputes and other types of disputes);
  • drafting claims, complaints;
  • gathering evidentiary support;
  • we also carry out other necessary actions.
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