Not Only a Fine Threatens for Salary Delay: When Employees Should be Paid Compensation
Employers are required to pay wages at least twice a month, and payment delays can be grounds for financial, administrative, and in some cases criminal liability. In addition, if the salary is delayed for a month or more, the employee has the right to compensation for the loss of part of their income.
According to Article 115 of the Labor Code of Ukraine and Article 24 of the Law of Ukraine "On Remuneration of Labor" No. 108/95-VR, wages must be paid at least twice a month. The interval between payments cannot exceed 16 calendar days, and payment must be made no later than seven days after the end of the period for which it was accrued.
Financial difficulties of the enterprise do not exempt the employer from the obligation to pay wages on time. If the employee has performed their work, they have the right to receive the earned funds within the time limits established by law.
For violation of wage payment deadlines, the employer may bear financial, administrative, or, in cases defined by law, criminal liability.
Certain guarantees are also provided upon dismissal. On the day of termination of employment relations, the employer must fully settle with the employee. If payments are delayed due to the employer's fault, the employee may claim payment of average earnings for the entire period of delay, but not more than six months, if there is no dispute between the parties regarding the amount of due payments.
If the salary is delayed for one calendar month or more, the employee is paid compensation for the loss of part of their income. This is provided for by the Law of Ukraine No. 2050-III dated October 19, 2000 "On Compensation to Citizens for the Loss of Part of Income Due to Violation of Payment Deadlines" and the Procedure for Compensation to Citizens for the Loss of Part of Monetary Income Due to Violation of Payment Deadlines, approved by the Cabinet of Ministers of Ukraine Resolution No. 159 dated February 21, 2001.
In case of non-payment of wages, employees are advised to first contact the employer and obtain a written explanation of the reasons for the delay. If the problem is not resolved, it is advisable to submit a written demand for payment of arrears, contact the State Labor Service of Ukraine, or defend their rights in court, demanding recovery of arrears, compensation, and other due payments.
As previously reported by the "Judicial-Legal Newspaper", the Verkhovna Rada was recommended not to include draft law No. 15323 on the agenda, which provided for the restoration of unscheduled inspections of employers regarding compliance with labor remuneration legislation during martial law.
This decision was made by the Verkhovna Rada Committee on Social Policy and Veterans' Rights Protection during its regular meeting. At the same time, deputies proposed to use certain provisions of the draft law during the preparation and preliminary consideration of other legislative initiatives in this area.
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