Zal Dmytro Oleksandrovych

Attorney

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zal@prikhodko.com.ua

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Specializes in protection of copyrights, inventions, patents, trademarks, support of tenders, protection of consumer rights, disputes with insurance companies, legal support in cases of administrative offenses.

Complaint against employer

An official appeal by an employee to the competent authorities in order to protect their rights is regulated by current legislation. A complaint as a type of such an appeal contains, firstly, a description of the situation, secondly, a specific request for the restoration of rights, thirdly, a request for the employer to be punished by law (not always). As a rule, such a document is submitted in the event of a delay in the payment of wages, a violation of the procedure for the dismissal or transfer of an employee, a violation of the work regime and other similar violations in accordance with the current Labor Code. To find out more information – we suggest that you read this article.

In what cases should you appeal the employer’s actions?

Appealing the employer’s actions is exclusively a citizen’s right. After official employment, a person acquires a number of rights, in particular, to file a complaint about the employer’s actions regarding:

refusal to provide annual paid leave;
forcing to work on weekends and holidays;
refusal to pay sick leave, failure to provide other social benefits;
involvement in overtime work without prior consent;
any forms of discrimination and mobbing at work;
psychological pressure and creation of a hostile atmosphere at work, and others.

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What are the ways to file a complaint against an employer in Ukraine (before the case is considered in court)?

Through a labor dispute commission (also called “labor arbitration”)

A complaint through a labor dispute commission is an important stage before going to court. If such a body is established at an enterprise, a request (complaint) can be submitted to it to resolve individual (sometimes collective) conflicts between an employee and an employer. As a general rule, such a body can function at an enterprise if there are at least 15 people on staff. The deadline for filing a complaint to initiate a conciliation procedure (if there were no gross violations of labor legislation by the employer) is 3 months.

Through a trade union body

Protection of rights through trade unions is another powerful legal instrument. A trade union is the legal representative of an employee’s interests in labor disputes at the labor dispute commission and in court. The best option for its involvement would be in situations where a collective labor dispute arises. Its participants can contact it (if it is established on the basis of an enterprise) if it concerns the state of labor safety, timely payment of wages, illegal dismissal, and compliance with the vacation schedule.

It will also be useful: Bullying at work – what to do?

Through the State Labor Service

Appealing to the State Labor Service of Ukraine is one of the most effective ways to protect yourself. This state body has the authority to inspect enterprises and impose fines if there is a gross violation of the current Labor Code of Ukraine. A complaint to such a service can be filed by mail or by official e-mail. After receiving the complaint, the inspector can conduct an inspection visit to the workplace, and the results are formalized in the appropriate inspection report.

Complaint against an employer to the State Employment Service: what liability can the employer face?

The State Employment Service also has leverage over employers, especially in matters of compliance with employment legislation. Complaints to this body most often concern violations during recruitment, discrimination in job advertisements, or violations of the rights of foreigners during their employment, respectively. A separate situation of violation of the law is also the failure to report on mass layoffs due to staff reductions. Among the main types of punishment for these actions are:

first, a fine for the employer;
second, a fine for the employer’s officials.

For more detailed information, we suggest ordering a consultation with our professional labor lawyer.

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Legal support for filing a complaint against an employer: what do our labor dispute lawyers offer?

The main services for professional legal support from our lawyer in labor disputes include:

initial analysis of the situation;
legal audit of personnel documents;
preliminary verification of the legality of the employer’s actions;
determination of the amount of compensation for a gross violation of the rights of an individual;
drawing up a claim or complaint against the employer;
support for negotiations between the parties (in the case of an appeal to the labor dispute commission or trade union);
drawing up a complaint to the State Labor Service;
support for conducting an inspection at the enterprise in the context of compliance with labor legislation;
support for the case in court (if necessary).

Do you have any questions? Don’t waste your time: book a consultation and find out the price of our labor lawyer’s services in a case of appealing the employer’s actions against you by filling out the form below.

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Do you need to challenge your employer's unlawful actions?

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Are you a victim of mobbing at work?

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Do you need legal help urgently?

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In which regions of Ukraine do you work?

With its head office in Kyiv, the law firm “Prykhodko and Partners” successfully operates online throughout Ukraine.

What areas of law does your company work in?

The company “Prikhodko and Partners” unites more than 50 highly qualified specialists, which allows us to effectively solve almost any legal problems and provide comprehensive support in various areas of law.

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