Good afternoon, I was fired from my job and have not been paid severance pay for two months. How to collect salary from the employer? I was not absent, there was no violation of the internal work schedule.
Fired without pay
solvedAnswers
Yaroslav Sikorsky
In accordance with Part 1 of Art. 47 of the Labor Code, the employer is obliged on the day of dismissal to issue to the employee a copy of the order (order) on dismissal, a written notification of the amounts accrued and paid to him upon dismissal (Article 116) and to settle with him within the terms specified by Article 116 of this of the Code, i.e. on the day of release.
In the case of non-payment due to the fault of the employer to the dismissed employee within the terms specified in Article 116 of the Labor Code, in the absence of a dispute about their amount, the enterprise, institution, organization must pay the employee his average earnings for the entire period of delay until the day of the actual calculation, but not more than six months. (Article 117 of the Criminal Code of Ukraine)
Therefore, taking into account the above, the employer is obliged to pay you all amounts upon dismissal (two months' salary), including the average earnings for the entire period of delay of such payments.
The above-mentioned issue can be resolved both in court and out of court (at the commission on labor disputes).
07.07.2023 09:41