Individual employment disputes: procedure and time limits for consideration

Individual labour disputes are personal disputes between an employer and an employee concerning Ukrainian labour law. They arise as a result of significant disagreements between the two parties to the employment relationship and are governed by the Labour Code of Ukraine.

Procedure for resolving individual labour disputes

Labour disputes have always existed, but during an economic crisis they increase in number and become more acute. Individual labour disputes can be resolved in several ways:

• The first method of resolving a labour dispute is the general procedure. This involves individual labour disputes first being considered by a labour dispute commission, then through the courts, in accordance with Article 221 of the Labour Code of Ukraine;
• Pre-litigation settlement of labour disputes.

The proceedings between the parties to the dispute will conclude at the labour dispute commission if both parties agree with the commission’s decision and do not wish to appeal it in court. If, however, the parties to the dispute do not agree with the commission’s decision, either party may apply to the court;

• The second method of resolving an individual labour dispute is judicial proceedings, legal representation;
• The third method is a special procedure for resolving labour disputes, which governs labour disputes involving specific categories of employees, in accordance with Article 222 of the Labour Code.

It should be noted that every citizen of our country has the right to legal protection in the courts of Ukraine regarding violated labour rights, and they themselves have the right to choose the body that will defend their interests.

Consideration of an individual labour dispute by a commission

The labour dispute commission consists of members of the workforce of the company where the parties to the conflict (labour dispute) are employed. The number of people comprising the commission must be no fewer than fifteen.

A collective conference or a general meeting of the organisation determines the composition of the commission and its procedures.

The number of employees in the total membership of the company’s labour dispute commission must be approximately half of its membership. The commission elects a chairperson, secretary and deputies from among its members.

Under Ukrainian law, the period within which an employee may apply to the commission is strictly limited. Within three months of the violation, a party wishing to restore their rights must apply to the commission. If an individual labour dispute concerns the payment of wages by the employer to the employee, there is no time limit for applying to the commission.

Applications from employees received by the commission must be registered.

Consideration of an individual labour dispute by a court

The time limit for applying to a court regarding the resolution of an individual labour dispute is the same as the time limit for applying to the commission – three months from the date of the infringement of the rights of one of the parties in the employment relationship.

In matters concerning the payment of wages, there is also no time limit for applying to a court. However, in the case of unlawful dismissal, you must apply to the court within one month of the date on which the documents confirming the dismissal were signed.

If an employee is found to have caused damage to the organisation, the employer has the right to take legal action against them within one year of the date on which the material damage was established.

If you find yourself in a difficult situation where your rights have been infringed and you have become a party to an individual labour dispute, please contact us for professional legal assistance. Svarog Law Firm will be happy to provide legal assistance in resolving labour disputes.