MOBILE APPLICANT “CONSULTANT”. TOPICAL ISSUES WHICH ARISE FROM LABOR LEGISLATION
Every citizen can have problems every day that need the help of a lawyer. Effective resolution of the legal situation / problem requires immediate resolution. Did you call a law firm for advice, but are all lawyers busy?
You can use the Consultant mobile application. You will receive a prompt response from qualified lawyers from all over Ukraine and save your own money.
Consider one of the questions that was asked by the Client: “Hello. I worked informally, and I was not paid wages. Is there an option to contact the legislature and get paid?»
According to Article 232 of the Labor Code of Ukraine – directly in district, rayon, city, city or city courts, disputes of employees about the employment relations in the case of performance of their work without concluding an employment contract and establishing such period of work are considered.
In case of establishment by the body dealing with the labor dispute, the labor relations with the worker who performed the work without concluding the employment contract, and establishing the period of such work, the decision on accrual and payment to such employee of wages in the amount of not less than the average salary for the corresponding type of economic activity in the region in the relevant period without taking into account the actual wages paid, and on the calculation and payment in accordance with the legislation of the personal income tax single fee for obligatory state social insurance for the prescribed period of work.
When confirming the actual admission of an employee to work without execution of an employment contract (contract) and payment of wages (remuneration) without accrual and payment of a single contribution to compulsory state social insurance and taxes – financial sanctions are imposed on the employer in accordance with Article 265 of the Code of Labor Code. Of Ukraine at thirty times the minimum wage established by law at the time of detection of a violation for each employee for whom the violation was committed. “
Qualified answer was given by 3 Consultants.
Consultant №1 – “Under certain conditions, in addition, it is possible to hold an employer liable for the use of unformed hired labor. To do this, it is necessary to draw up two procedural documents. Please be happy to help.”
Consultant №2 – “If you actually confirm (photos, documents, witnesses, videos) that you have done some work, provided services and did not pay with you (no checks or other evidence of your receipt of funds), then you have a reason to go to court with to collect money. However, if your employer even paid you for a bank card during your work (or you have any other proof of receiving money from him), you can file a complaint with the State Labor, a fine for an employer who did not officially employ you – 130 thousand UAH. Under the threat of such a fine, you can negotiate with your employer to compensate you for your debt under the RFP. If you need assistance collecting or preparing a complaint, please call.”
Consultant №3 – “Yes, there is a certain procedure whereby it is possible to recover your funds, this issue is better dealt with by a lawyer. Our law firm specializes in this matter, there is an option! You can call me and I will advise you. In general, your former employers do nothing in vain, since you can at least apply for a tax, and as a result they will have to pay considerable fines.”
Thus, the client turned to the mobile application “Consultant” received a complete answer to the question in a short period of time. He also found qualified specialists who are knowledgeable in labor disputes to resolve the situation further.