Salary is delayed for several weeks: how employees can influence the employer
A delay in salary payment constitutes a violation of Ukrainian labour legislation. Employees are not required to wait for an employer to resolve financial difficulties, as salary payment deadlines are legally stipulated.
According to the Labour Code of Ukraine and the Law of Ukraine "On Remuneration of Labour," employers are obliged to pay wages regularly, at least twice a month.
The first portion of the salary — the advance — is paid for the first half of the month, and the second portion covers the remaining worked period. Specifically, payments must adhere to established deadlines: the advance from the 16th to the 22nd of the current month, and the final settlement from the 1st to the 7th of the following month.
Non-payment of the advance also violates labour legislation, as it is a mandatory component of the salary, not a discretionary payment by the employer.
The Law of Ukraine "On Compensation to Citizens for Loss of Part of Income Due to Violation of Payment Deadlines" provides for the possibility of receiving compensation for delayed salary payments.
Compensation is contingent on the duration of the delay. If the salary is delayed for less than a month, compensation is typically not accrued. However, if the delay is one month or more, the employer is obliged to pay the employee compensation for lost funds.
If the company fails to pay the salary within the established deadlines, the employee has the right to contact supervisory authorities.
A complaint can be submitted to:
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The State Labour Service of Ukraine;
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The State Tax Service of Ukraine;
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Law enforcement agencies — in the event of serious violations.
Following the appeal, the relevant authorities may conduct an inspection of the employer.
Furthermore, the employee has the right to take legal action and demand payment of all wage arrears, as well as compensation for the delay.
As previously reported by "Judicial-Legal Newspaper", the Verkhovna Rada was advised against including draft law No. 15323 on its agenda. This draft law proposed restoring unscheduled inspections of employers concerning compliance with labour remuneration legislation during martial law.
This decision was made by the Verkhovna Rada Committee on Social Policy and Veterans' Rights Protection during a regular meeting. Concurrently, deputies suggested incorporating certain provisions of the draft law during the preparation and preliminary consideration of other legislative initiatives in this area.
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