Pre-litigation settlement of a labour dispute involves resolving a conflict between an employee and an employer without going to court: through a labour dispute commission, negotiations or mediation. Under Article 221 of the Labour Code, individual labour disputes are considered by labour dispute commissions (LDCs) and local general courts, and under Article 224 of the Labour Code, the labour dispute commission is the mandatory first-instance body for considering disputes arising within an enterprise — with the exception of disputes which the law permits to be referred directly to court. In other words, in many situations, the pre-trial stage is not a matter of choice but a procedure prescribed by law.
The advantage of pre-litigation settlement is clear: it is quicker and cheaper than going to court. The Labour Disputes Commission is obliged to consider a dispute within 10 days of the application being submitted, whereas court proceedings can take months. At the same time, the employee has nothing to lose: if they are not satisfied with the Commission’s decision, they may appeal against it in court, whilst the employer is obliged to comply with any decision of the Commission that has come into force. However, a number of disputes — concerning reinstatement, changes to the wording of a dismissal notice and certain other matters (Article 232 of the Labour Code) — are dealt with directly by the court, bypassing the Labour Disputes Commission.
We determine the correct course of action for your situation — whether to go through the commission, negotiate or proceed directly to court — prepare the necessary documents, ensure critical deadlines are met, and represent your interests so that the dispute is resolved in your favour as soon as possible.
+38 095 554-54-24 — advice on the pre-litigation settlement of labour disputes.
Methods of pre-litigation settlement of labour disputes
Depending on the nature of the dispute, the following tools are used:
- Labour Disputes Commission (LDC) — a mandatory primary body within the organisation; it considers the dispute within 10 days, and its decision is binding on the employer.
- Negotiations with the employer — often the quickest route; a solicitor conducts these on behalf of the employee and records the agreements in writing.
- Mediation — under Law No. 1875-IX; suitable when the employment relationship is ongoing and the parties wish to maintain it.
- Appeal to the State Labour Service or a trade union — applies additional pressure on an employer who is breaching labour legislation.
Time limits that must not be missed
Labour disputes are time-sensitive. Under Article 233 of the Labour Code, an employee may seek resolution of a dispute within three months from the date on which they became aware of the infringement of their rights, and in cases concerning dismissal — within one month from the date of service of a copy of the dismissal order or the issue of the employment record book. An important recent change: in its ruling of 11 December 2025, the Constitutional Court of Ukraine declared the three-month time limit for bringing a claim before the court to recover wages and other payments due to an employee to be unconstitutional; consequently, this barrier no longer applies in wage disputes. Missing other time limits is not always fatal — they can be extended if there are valid reasons, but you should not count on this.
When you need a solicitor, and when you don’t
If the employer acknowledges the breach and is prepared to rectify it — negotiations may be sufficient, and we will be honest about this. You need a solicitor when the employer denies the breach, when the case involves unlawful dismissal, non-payment of wages or compensation, when it is important to properly document evidence (orders, timesheets, correspondence), or when the outcome depends on the wording of the claim. In the case of unlawful dismissal, you can also claim compensation for non-pecuniary damage. Labour disputes have a distinctive feature: the employee is the weaker party, whilst the employer usually has a lawyer and a human resources department. Therefore, a well-drafted claim to the Labour Disputes Commission or a formal complaint often changes the employer’s position even before the case goes to court. If the dispute does have to be taken to court, this falls within the remit of a labour disputes solicitor.
How we work
- we analyse the situation and the documents, and determine which procedure is required — the Labour Disputes Commission or court;
- we check compliance with time limits and, if necessary, prepare applications for their extension;
- we prepare a claim to the Labour Disputes Commission or a complaint against the employer;
- we conduct negotiations or facilitate mediation, recording agreements in writing;
- represent the employee at the Labour Disputes Commission hearing and monitor the implementation of the decision;
- if a pre-court settlement cannot be reached — we proceed to court without delay.
What risks does an employee face if they act on their own
The first risk is missing the one-month deadline in a dismissal case, which can significantly complicate reinstatement. The second is taking the matter to the ‘wrong body’: submitting a dispute to the Labour Dispute Commission that should only be heard by a court, or vice versa. The third is failing to secure evidence of the breach (an order, payslip, correspondence) whilst it is still accessible. The fourth is to trust the employer’s verbal promises to ‘pay everything’ and fail to put the agreement in writing. Each of these mistakes either delays a resolution or deprives the employee of any protection at all.
Cost of services (pre-litigation settlement of labour disputes)
| Service | Price |
|---|---|
| Consultation with an assessment of the dispute’s prospects | from 1,500 UAH |
| Legal opinion on the situation | from 5,000 UAH |
| Drafting a claim to the Labour Dispute Commission / a claim against the employer | from 5,000 UAH |
| Conducting negotiations, supporting mediation | from 5,000 UAH |
| Representation at a Labour Dispute Commission hearing | from 3,000 UAH |
| Comprehensive ‘turnkey’ support for labour disputes | from 25,000 UAH |
Important: in labour disputes, employees are, as a general rule, exempt from paying court fees for claims arising from employment relationships; therefore, bringing a case to court does not incur any additional costs in respect of fees. If the dispute is purely civil rather than labour-related, different rules apply — we explain these on the page on pre-litigation settlement of civil disputes.
Questions and Answers (pre-litigation settlement of labour disputes)
Is it compulsory to first refer the matter to the labour disputes commission?
For disputes arising within an organisation, the labour disputes commission is the mandatory first-instance body (Article 224 of the Labour Code), provided it has been established. However, disputes concerning reinstatement, dismissal and certain other matters (Article 232 of the Labour Code) are dealt with directly by the court.
How long does the Labour Disputes Commission take to consider a dispute?
Under Article 226 of the Labour Code, within 10 days of the application being submitted. This is considerably faster than going to court, so where a labour dispute commission exists, the pre-litigation route is often the most effective.
What if the company does not have a labour dispute commission?
In that case, the employee applies directly to the court. The absence of a commission does not deprive the employee of their right to redress — it simply changes the procedure.
What are the time limits for bringing a labour dispute?
The general time limit is 3 months from the date on which the breach was discovered; in cases concerning dismissal, it is 1 month. Pursuant to a ruling by the Constitutional Court of Ukraine dated 11 December 2025, the three-month time limit for claiming unpaid wages has been abolished.
Is a Labour Dispute Commission decision binding on the employer?
Yes. A decision of the Commission that has come into force must be complied with by the employer. In the event of non-compliance, it is enforced through the enforcement service.
What should you do if your wages are not paid?
Document the debt (pay slips, certificates), make a claim to the employer and, if necessary, refer the matter to the Labour Disputes Commission or the court. In wage disputes, the time limit for bringing a claim is no longer restricted to three months.
Can I negotiate instead of going to the Labour Disputes Commission?
Yes, negotiations and mediation can take place in parallel. However, they do not suspend the running of time limits, so it is advisable to pursue them without forfeiting the right to apply to the Labour Disputes Commission or the court.
Do I have to pay court fees in labour disputes?
As a general rule, employees are exempt from court fees for claims arising from employment relationships. This makes legal redress accessible.
My employer is pressuring me to resign ‘of my own accord’. What should I do?
Do not sign a resignation letter under pressure. Coercion to resign is unlawful; such actions are documented and challenged, and a forced resignation may be ruled unlawful in court.
How much do your services cost?
From 1,500 UAH per consultation. The cost of legal representation depends on the complexity of the dispute — we will quote a price after assessing the situation.
Contact a solicitor at Svarog for pre-litigation settlement of a labour dispute
Describe the situation and send us the documents — we will assess the necessary procedure, ensure deadlines are met and take on the dispute with your employer. If a pre-litigation settlement cannot be reached, all preparatory work will form the basis for a future claim and legal representation in court. Our practice specialises in labour dispute lawyers.
Telephone: +38 095 554-54-24, +38 096 554-54-25 (Telegram, Viber, WhatsApp). Address: 7 Khoriva Street, Office 2, Kyiv (Podil). Opening hours: Mon–Fri, 9.00–18.00.