Collection of wages during forced absenteeism

Forced absenteeism is a temporary suspension of an employee’s work duties through no fault of his own. In such situations, the employee retains the right to wages. Unfortunately, there are cases when the management violates this right and does not pay wages to the employee.

What is considered forced absenteeism?

The Labor Law of Ukraine defines the following cases of forced absenteeism:

1. Unlawful dismissal or suspension from work. If the employer dismissed the employee without legal grounds or suspended him from work without proper registration, the employee has the right to wages for the entire period of forced absenteeism.
2. Absence of work due to employer’s fault. If the employer did not provide the employee with a job or workplace, did not provide him with the necessary tools, equipment, raw materials, materials, etc., the employee has the right to wages for the period of forced absenteeism.
3. Forced simple. If the work is temporarily stopped for reasons beyond the control of the employee and the employer (technological accident, natural disaster, interruptions in the supply of raw materials, etc.), the employee has the right to a salary not lower than 2/3 of the tariff rate.
4. Other cases provided for by law.

Consult a lawyer

How is the salary for forced absenteeism calculated?

Wages for the period of forced absenteeism are calculated according to the employee’s average earnings. The average salary is calculated according to the formula given in the Labor Code of Ukraine, based on the last two wages, which were before the start of forced absenteeism.

The main obstacles that managers can do when calculating wages for forced absenteeism

1. Illegal denial of the fact of forced absenteeism. Employers may try to argue that the employee was absent from work through their own fault, or that the work was not stopped for reasons beyond the control of the employee and the employer.
2. Incorrect calculation of average earnings. Employers may understate an employee’s average earnings to reduce the amount of the benefit.
3. Refusal to pay wages. Employers can simply refuse to pay an employee wages for the period of forced absenteeism.

Consult a lawyer

How can a lawyer help in collecting wages for forced absenteeism?

1. Consultation and legal analysis. The lawyer will study your situation in detail, analyze the documents (orders of dismissal/suspension, act of layoff, certificate of wages, etc.) and provide a clear legal assessment of the chances of successful collection of funds. He will explain to you your rights and responsibilities as an employee, as well as the procedure for action in this situation. If necessary, the lawyer will help to collect additional documents and evidence confirming the fact of forced absenteeism and non-payment of wages.
2. Pre-trial settlement. A lawyer can try to resolve the issue with the employer out of court. He will negotiate with the employer, trying to reach a compromise and voluntary payment of the amount due to you. This can save you time, money and nerves, because you will not need to go to court.
3. Judicial protection. If a pre-trial settlement is not possible, the lawyer will draw up and submit a lawsuit to the court for the recovery of wages for the period of forced absenteeism. He will represent your interests in court sessions, provide evidence and substantiate your claims. If necessary, the lawyer will involve witnesses and experts in the case. He will follow all procedural rules and regulations to maximize your chances of success.
4. Additional Services. In addition to the above, a lawyer can help you:

• Get clarification on labor legislation.
• File complaints to state authorities.
• Calculate the amount of wages to be collected, taking into account all accruals.
• Representation in the execution of a court decision (receiving funds from the employer).

The lawyer’s services are paid for by you, but you have the right to reimbursement of the costs of the lawyer’s assistance at the expense of the employer. It is recommended to seek the help of a lawyer as early as possible, because you may need time and some effort to protect your rights. The lawyer of the legal company “Prykhodko and Partners” will help you protect your labor rights and obtain payment of wages for the period of forced absenteeism.

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