Employment lawyer

Two things that employees find out far too late.

Firstly: in employment disputes, employees are exempt from paying court fees. Taking legal action against an employer costs nothing — yet most people do not even try, believing that going to court is ‘expensive’.

Second: there is only one month from the date of being served with a copy of the dismissal order or being issued with an employment record book (Article 233 of the Labour Code) to file a claim for reinstatement. Miss that deadline, and it will be extremely difficult to challenge even a clearly unlawful dismissal.

A labour lawyer is needed mainly because of this one-month deadline: whilst a person is feeling indignant, looking for work and ‘gathering their thoughts’, the deadline expires.

+38 095 554-54-24 — legal advice

Time limits: the key things you need to know today

The last line is important. Unpaid wages can be claimed regardless of how much time has elapsed. This applies to wages, compensation and severance pay.

What we deal with

Unlawful dismissal — for absenteeism, for unsuitability for the post, ‘due to redundancy’ which in fact did not take place, or by mutual agreement signed under duress.

Coercion into resigning ‘of one’s own accord’ — where a resignation letter is written under the threat of ‘we’ll dismiss you under the relevant clause’. Such a resignation can be challenged if it is proven that the decision was not made of the employee’s own free will.

Non-payment of wages, bonuses, holiday pay, compensation for unused holiday entitlement, or final settlement upon dismissal.

Delay in final settlement upon dismissal — a separate rule applies here: for the entire duration of the delay, the employer must pay average earnings. Over several months, this may exceed the amount owed.

Changes to working conditions without the employee’s consent, transfer, demotion.

Discrimination and workplace bullying, unlawful disciplinary measures.

Work-related injury — compensation for damage to health.

Unregistered employment — establishing the existence of an employment relationship in court.

What can be claimed in the event of unlawful dismissal

1. Reinstatement. A court order for reinstatement is subject to immediate enforcement — the employer is obliged to allow you to return to work immediately, without waiting for an appeal.
2. Average earnings for the period of forced absence from work — for the entire period from the date of dismissal to the date of reinstatement. If the court proceedings take half a year, you will receive half a year’s salary.
3. Non-pecuniary damages — for unlawful dismissal, humiliation and stress.
4. Legal costs — including lawyers’ fees.

If you do not wish to return to this employer, you may demand a change to the wording of the dismissal and payment of average earnings — without actually being reinstated.

Delay in final settlement: the rule that applies

If the employer has not paid everything due on the day of dismissal, they are obliged to pay average earnings for the entire period of the delay (Article 117 of the Labour Code).

What this means in practice: if you were not paid 20,000 UAH upon dismissal and you raised the issue six months later — in addition to the outstanding amount itself, you are entitled to your average earnings for those six months.

This is one of the most ‘lucrative’ provisions of labour law, and employers prefer not to mention it.

Working without a formal contract

If you worked informally, this does not deprive you of your rights — but you will need to prove the existence of an employment relationship in court.

What counts as evidence: access passes, work schedules, correspondence, witness statements from colleagues, payslips, documents bearing your signature, photos of your workplace, and job advertisements.

Once the existence of an employment relationship has been established, you can claim your wages, demand payment of social security contributions (which affects your future pension) and seek compensation for damages.

When you do not need a solicitor

If the employer acknowledges the debt and is willing to pay, and there is no dispute, the matter can be resolved without a solicitor.

You need a solicitor when:

• you have been dismissed — and you consider this to be unlawful (you must act within a month);
• you are not being paid your salary or final settlement;
• you are being forced to resign ‘of your own accord’;
• you were working without a formal contract;
• disciplinary action has been taken against you without justification;
• you are pregnant or have young children — additional safeguards apply to these groups;
• this concerns an industrial injury.

How we work

1. We check the time limit — this is the first and most important step. A month passes quickly.
2. We analyse the legality of the dismissal or penalty — the procedure is almost always breached.
3. We calculate the amount — outstanding pay, average earnings for unauthorised absence, average earnings for delayed payment, and compensation for non-pecuniary damage.
4. We prepare the claim — without paying court fees.
5. We handle the case in court — reinstatement takes place immediately.
6. We monitor compliance — and enforce payment if the employer ignores the ruling.

Cost of services

Employees are exempt from paying court fees in employment disputes. If the case is won, the costs of legal representation are recovered from the employer.

Full price list · Pre-litigation settlement of labour disputes

Questions and answers (Employment disputes solicitor)

How long do I have to challenge my dismissal?

One month from the date of receipt of a copy of the dismissal order or the issue of your employment record book. This is the shortest time limit in employment law, and it is the one most often missed.

Do I have to pay court fees?

No. Employees are exempt from paying court fees in labour disputes. Taking legal action against an employer costs nothing.

Can I claim back wages for previous years?

Yes. There is no time limit on claiming unpaid wages — unlike other employment-related claims.

What can you claim in the event of unlawful dismissal?

Reinstatement, average earnings for the entire period of forced absence from work, compensation for non-pecuniary damage and reimbursement of legal costs. A reinstatement order must be enforced immediately.

I was forced to write a resignation letter ‘of my own free will’. What should I do?

Challenge it. A resignation letter written under duress can be contested if it is proven that there was no voluntary expression of will: witnesses, correspondence, audio recordings, sequence of events.

My employer has delayed my final settlement upon dismissal. What does this mean?

You are entitled to your average earnings for the entire period of the delay (Article 117 of the Labour Code). This often exceeds the amount of the debt itself.

I worked without being officially registered. Do I have any rights?

Yes. The existence of an employment relationship is established in court — through work permits, correspondence, colleagues’ testimony and payslips. After that, you can claim your wages and demand payment of social security contributions.

Is it possible to avoid returning to the employer but still receive payment?

Yes. Instead of reinstatement, you can demand that the wording of the dismissal be amended and that you be paid your average earnings for the period of forced absence.

What documents should I bring to the consultation?

Your employment record book, the dismissal order, your employment contract, payslips, correspondence with your employer, and any evidence of actual work performed.

Contact a labour disputes solicitor at Svarog

If you’ve just been dismissed — don’t wait. You have one month, and it will pass faster than you think. Send us the dismissal order, and we’ll tell you whether there are grounds for reinstatement and how much your employer owes you. You won’t have to pay any court fees.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9:00–18:00