On this page you can acquaint yourself with such services as:
Violation of labour legislation, the settlement of labor disputes, consideration of labour disputes, labour disputes.
COLARES Law Company provides services on the representation of interests of employers and employees and settlement of labour disputes.
Labour dispute is one of the most difficult categories of disputes. Complexity is not only in the process of proving in the labour dispute, but a short procedural time. Therefore, an attorney (lawyer) on labour disputes should be a professional not only in theory, but also he or she is to have practical experience in the courts for this category of cases.
In accordance with labour law, labour disputes are considered by the courts of general jurisdiction, and in some cases, by the administrative courts given the applications of the employee or employer. Basis for the reference to the court is the violation of labour legislation of Ukraine.
Lawyers of COLARES have experience of judicial representation of employer’s and employee’s interests in labour disputes in courts of general jurisdiction and courts of appeal and cassations, and provide the following services in labour disputes:
- development, drafting and analysis of an existing employment contract;
- legal consultation on various grounds for dismissal;
- recognition of the employer’s acts as illegal (transfer to another job);
- recovery of arrearage of salary, salary for the forced leave, interests from the employer;
- compensation for damages caused to the employee / employer;
- cancellation of disciplinary penalties;
- appeal against unlawful actions of the employer in the state and regulatory agencies;
- assistance in bringing of the employee / employer to responsibility for violation of labour legislation;
- representation of employee’s interests in court.
The service includes the following stages of settlement of labour disputes:
- preparatory – stage of the settlement of labour disputes in which the party (employee or employer) settles the particular dispute individually with a possibility to resolve the dispute in the pre-trial order;
- appeal to the court – an employee may apply to the court within three months from the date when he or she got to know or should have got to know of the violation of his or her rights, and in cases of dismissal – a month from the delivery date of a copy of the dismissal order or the date of the issuance of the employment record book;
- judicial proceedings (appeal, cassation) – at this stage the settlement of individual labour disputes is conducted in accordance with the Rules of Civil Procedure Code and subject to the requirements of the provisions of the Labour Code;
- execution of court decisions – provides that the responsible party must execute it. Thus, if the court reinstates the employee in a job, the employer shall issue an appropriate order. If the responsible party refuses to execute the court’s decision, its execution may be conducted by enforcement in accordance with the laws of Ukraine “On State Executive Service” and “On Enforcement Proceedings”.