Forced absenteeism – collection of average earnings during forced absenteeism

There are cases when a person wants to work and receive a proper salary, but he is prevented by the decisions of the management or other points. The legislation of Ukraine guarantees the receipt of average earnings during forced absenteeism.

What is forced absenteeism?

This is a period during which a person did not have the opportunity to perform his work duties for reasons beyond his control. Such reasons can be different, in particular:

1. Unlawful dismissal: If the employer dismissed the employee without legal grounds and the court found the dismissal illegal, the employee has the right to reinstatement and compensation for the period of such layoff.
2. Suspension: In some cases, an employer has the right to suspend a person from work, for example, in the case of an official investigation. However, if such suspension is found to be unlawful, the worker is entitled to reinstatement and compensation.
3. Delay in the issuance of a hiring order: If a person has been hired, but management delays the issuance of a hiring order, the employee has the right to terminate the employment contract and demand payment of average wages.
4. Other reasons: they may include, for example, unsafe working conditions, etc.

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How is compensation for forced absenteeism calculated?

The amount of compensation is calculated by dividing the amount of wages accrued for the last six months by the number of days worked.

The amount taken into account when calculating compensation includes:

• Salary;
• Surcharges and allowances;
• Awards;
• Other systematic payments.

It is important to note that when calculating this amount, the amount of benefits for temporary disability, for the birth of a child, for the care of a child under the age of three, etc. is not taken into account.

How to collect the average salary during forced layoff?

In order to receive fair and legal compensation for forced layoff, an employee can contact the employer. The employee can submit an application to the management for the payment of average earnings for this period. If the employer refuses to go to the meeting and fulfill the subordinate's demand by law, the employee has the right to go to court with the support of a lawyer. Documents confirming the fact of forced layoff, for example, a copy of the court decision on reinstatement or an act of suspension from work, should be attached to the claim.

You can file a lawsuit within three years from the end of forced absenteeism.

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Legal assistance for recovery of average earnings during forced absenteeism

If you have become a victim of forced absenteeism and do not know how to protect your rights, seek legal help from a qualified attorney at Prykhodko and Partners. A lawyer will help you:

• Assess your chances of success in business.
• Collect the necessary documents.
• File a lawsuit in court.
• Represent your interests in court.

Our law firm has many years of experience in cases of recovery of average earnings during forced absenteeism. We will help you restore your rights and get proper compensation.

For consultation or calculation of the cost of legal support, fill out the form below.