How to recover unpaid wages in 2026: deadlines, compensation, court

Since 11 December 2025 an employee can go to court over wages that were calculated but not paid with no time limit at all: the Constitutional Court struck down the three-month restriction in part 1 of Article 233 of the Labour Code. The employee pays no court fee on such a claim. The employer faces a fine of 25,941 UAH under Article 265.

Article 115 of the Labour Code requires wages to be paid at least twice a month, no more than sixteen calendar days apart and no later than seven days after the end of the period being paid for. Any departure from that schedule is already a breach, even where the money eventually arrived a week late.

For a long time the main obstacle for employees was not the delay itself but the deadline: a law of 19 July 2022 introduced a three-month period for going to court, and people lost the right to wages for older periods. Constitutional Court decision No. 1-r/2025 of 11 December 2025 held that restriction unconstitutional, so unpaid wages can now be pursued in court however much time has passed. For other employment disputes the three-month period remains.

What the employer owes besides the wages themselves

The debt never equals the calculated sum alone. The Law “On Compensating Citizens for the Loss of Part of Their Income Owing to Breach of Payment Deadlines” requires the employer to pay compensation where the delay exceeded one calendar month. The amount is worked out from the consumer price index over the period of delay, and it accrues automatically, without any separate application by the employee.

If the person was dismissed, Article 116 applies: the final settlement is made on the day of dismissal, or, where the employee did not work that day, no later than the day after they demand it. For delay in that settlement Article 117 provides for payment of average earnings for the whole period of delay. The court may reduce that sum where it is plainly disproportionate to the debt itself, and in practice it often does, so do not expect the full amount for a year’s delay.

Three ways to recover the debt, and when each works

A labour disputes commission is set up at any workplace with at least twenty employees and considers an application within ten days. Its decision is carried out within three days of the ten allowed for appeal. If the employer ignores it, the commission issues a certificate with the force of an enforcement document, which is handed to a bailiff. The difficulty is that private employers often simply have no such commission.

The second route is an order procedure. Article 161 of the Civil Procedure Code expressly allows a court order for wages calculated but not paid to an employee, and for average earnings for the period of delay in the final settlement. The judge deals with the application without calling the parties, and the order comes quickly. Its weakness is that the employer may apply to set the order aside within fifteen days, after which the matter goes to a full claim anyway.

The third route is an ordinary claim, at the court where the employer is registered or where the employee lives. It is needed where the wages were never calculated at all, where the amount is disputed, or where the person worked without a formal contract. That is the route we run within our employment disputes practice.

Court fees: when the employee pays nothing

Paragraph 1 of part 1 of Article 5 of the Law “On Court Fees” exempts claimants from the fee in wage recovery cases. That covers claims for wages calculated but not paid, for compensation and for severance pay. The Supreme Court’s Grand Chamber has explained that the exemption does not extend to a claim for average earnings for delay in the final settlement on dismissal, so where a claim raises both, the fee is calculated on the second alone.

The practical conclusion is simple: if the aim is to recover calculated wages, the claim costs nothing but time. Where a claim under Article 117 is added, work out the fee in advance as for a monetary claim: one per cent of the value, but no less than 1,331.20 UAH and no more than 16,640 UAH, multiplied by 0.8 through the Electronic Court. Calculating the claim and appearing at hearings form part of our court case handling.

The employer’s liability

Article 265 provides for a fine of three times the minimum wage for failing to pay wages on time for more than a month. In 2026 the minimum wage is 8,647 UAH, so the fine is 25,941 UAH. It is imposed by the State Labour Service following an inspection visit, and an ordinary employee complaint can be the trigger.

Where non-payment lasts more than a month and was unjustified — that is, the business had the money — criminal liability arises under Article 175 of the Criminal Code. The sanction under part 1 is a fine of five hundred to a thousand tax-free minimum incomes, that is 8,500 to 17,000 UAH, or corrective labour for up to two years, or probation supervision for the same period with disqualification from holding certain positions for up to three years. The manager is released from liability if the debt is paid before they are charged, which is why opening proceedings often works better than the enforcement service.

What to do, in order

1. Get a certificate from the accounts department showing the wages calculated and unpaid, month by month. If they refuse, send a written request: the answer must come within the statutory period, and a refusal is itself evidence.
2. Send the employer a written demand for payment citing Articles 115 and 116, by registered post with a list of contents.
3. File a complaint with the State Labour Service. It is free and at the same time exposes the business to the risk of the 25,941 UAH fine.
4. Where the wages are calculated and the amount is not in dispute, apply for a court order under Article 161. If the order is set aside, prepare a claim.
5. In the claim raise all three heads at once: the principal debt, compensation for the loss of part of your income, and average earnings for the delay in the final settlement if you were dismissed.
6. Once the judgment takes effect, hand the enforcement document to a bailiff. Wage claims are satisfied first, and in an employer’s insolvency they also rank ahead of most other creditors.

Typical mistakes

• Waiting “a little longer”. Every month of silence is read by the employer as consent, and in that time the business’s assets pass to connected parties. A complaint to the labour service in the second month of delay achieves more than a claim in the twelfth.
• Resigning without a settlement. Signing off on the dismissal without recording the debt in writing makes the amount harder to prove. Get the certificate of arrears before submitting the resignation.
• Claiming only the principal. Compensation for the loss of part of your income and average earnings for the delay are not awarded automatically; they must be claimed separately with a calculation.
• Working without a contract. With no employment contract, the employment relationship itself must be proved first: passes, rotas, correspondence, colleagues’ evidence, bank transfers. Without that, the wage claim hangs in the air.
• Missing the deadline on the commission’s certificate. The labour disputes commission’s certificate is presented to a bailiff within three months, and after that this route is closed.

When you do not need a lawyer

Where the wages are calculated, the payslip shows a specific figure and the employer does not deny the debt, the application for a court order can be filed alone through the Electronic Court: the form is simple, no fee is charged to the employee, and the judge decides it without a hearing. A complaint to the labour service is likewise filed through the electronic cabinet. A lawyer is needed where the wages were never calculated, where the work was informal, where the business is heading into insolvency or has already changed hands, and where average earnings for the delay are claimed and the amount has to be defended against reduction by the court.

Questions and answers

Is there a limitation period for recovering wages

Since 11 December 2025 the three-month restriction in part 1 of Article 233 has not applied: the Constitutional Court held it unconstitutional in decision No. 1-r/2025. A claim for wages calculated but not paid can be brought with no time limit. For other employment disputes, including reinstatement, the deadlines remain.

What does filing a wage claim cost

The claimant is exempt from the court fee in wage recovery cases under Article 5 of the Law “On Court Fees”. The fee is payable only on a claim for average earnings for delay in the final settlement on dismissal: one per cent of the value, with a minimum of 1,331.20 UAH.

Can wages be recovered with no employment contract

Yes, but the employment relationship has to be proved first. Passes, timesheets, work correspondence, witness evidence and regular card transfers all serve. The court can establish that the person worked and recover the arrears on that basis.

What if the business has no money in its accounts

The bailiff enforces against the business’s property, receivables and property rights. If the debtor enters insolvency, wage claims rank ahead of most other creditors, so the statement of monetary claims must be filed within the set period.

Can I stop coming to work until the wages are paid

The law gives an employee no right to stop work over a payment delay, and an unauthorised absence counts as absenteeism. The proper route is a written demand, a complaint to the labour service and a claim in court.

What is compensation for the loss of part of your income

It is a separate payment under the Law “On Compensating Citizens for the Loss of Part of Their Income Owing to Breach of Payment Deadlines”. It accrues where the delay exceeded one calendar month and is calculated from the consumer price index over the whole period of delay.

Will the director be punished personally

Yes; Article 175 of the Criminal Code makes the head of the business liable for unjustified non-payment lasting more than a month. The sanction under part 1 is a fine of 8,500 to 17,000 UAH, corrective labour or probation supervision for up to two years with disqualification from holding office.

How long does a complaint to the labour service take

It is considered within a month. Following the inspection visit the employer is issued with a notice and may be fined three times the minimum wage — 25,941 UAH in 2026.

Can a complaint and a claim be pursued at once

Yes, the routes do not exclude each other. The complaint puts pressure on the employer through the fine, while the court recovers the money for the employee. The inspection file then becomes evidence in the court case.

Sources

• Labour Code of Ukraine, Arts. 115–117, 221–230, 233, 265 — zakon.rada.gov.ua/laws/show/322-08
• Civil Procedure Code of Ukraine, Art. 161 — zakon.rada.gov.ua/laws/show/1618-15
• Law of Ukraine “On Court Fees”, Art. 5 — zakon.rada.gov.ua/laws/show/3674-17
• Law of Ukraine “On Compensating Citizens for the Loss of Part of Their Income Owing to Breach of Payment Deadlines” — zakon.rada.gov.ua/laws/show/2050-14
• Criminal Code of Ukraine, Art. 175 — zakon.rada.gov.ua/laws/show/2341-14
• State Labour Service of Ukraine — dsp.gov.ua

Recovering unpaid wages with Svarog

We calculate the full claim including compensation and average earnings, prepare the application for a court order or the claim itself, support the labour service inspection and take the case through to money actually being collected in enforcement. Where the employer already shows signs of insolvency, we lodge the monetary claims in the insolvency procedure before the deadline passes. A consultation costs from 1,500 UAH, preparing procedural documents from 5,000 UAH and appearing at a hearing from 3,000 UAH; the other rates are on the page of legal service prices. Trying to settle without court is covered by pre-trial settlement of employment disputes, and collection after judgment by our debt recovery service.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00