Representation of employees’ interests in courts of all instances

Labour disputes concern not only conflicts between employees and employers in the private sector. They also arise in cases of reinstatement in public service and regarding compliance with an adequate level of social protection among employees of state-owned enterprises, including senior management.

What is a labour dispute?

A labour dispute is a conflict between an employee and an employer that typically arises due to unlawful dismissal or other violations of labour rights. Common causes of labour disputes include:

• Delay or incomplete payment of wages. If wages are paid late, the employer is obliged to independently calculate inflation-related compensation of approximately 10%. However, there is no penalty or separate compensation for late wage payment as such. An employee may claim reimbursement of inflation losses, and the employer is required to calculate and pay them. If the employer refuses, it is advisable to contact the State Labour Service, which, following an inspection, will issue an order that can later be used to recover wage arrears.
• Challenging disciplinary sanctions — typical for state-owned enterprises and local government bodies. Employees who wish to challenge a disciplinary warning must take into account the statute of limitations for filing a claim in court (three months after the disciplinary sanction) and not miss it. After this period, restoring the deadline and initiating court proceedings becomes very difficult.
• Discrimination and mobbing (systematic harassment by management or colleagues) in the workplace aimed at creating conditions under which the employee is forced to resign voluntarily.

The verification and payment of overtime are possible in state-owned enterprises, while private businesses usually treat overtime as voluntary work. According to the law, overtime pay is calculated with an additional coefficient, but it is important to understand the proportionality of claims and costs. Witnesses may confirm the fact of overtime in court; however, legal proceedings require significant time, money, and preparation. Therefore, in such cases, it makes sense to contact the State Labour Service and request an inspection and employee interviews. If overtime work was performed but not properly documented, the enterprise will be fined.

What is employee representation in a labour dispute in court?

Courts most often consider labour disputes related to reinstatement of an employee, recognition of dismissal as unlawful, and recovery of outstanding wages. In addition, the employer’s financial liability in favour of the employee includes the average salary for the period of the court proceedings (approximately 25,000 UAH per month as of 2026). The position of the law firm «DE-JURE» is to avoid taking cases to court and instead attempt to resolve labour disputes through mediation first. Court proceedings in such cases typically last around six months in regional centres and approximately one year in district courts. Therefore, the accumulated amount of average wages during the court process can ultimately become a significant financial burden for the employer.

When does an employee need legal representation in court?

Most conflicts with employers are related to dismissal. An employee usually seeks legal advice in labour disputes in the following situations:

• The employee is being pressured to resign by creating intolerable working conditions. The lawyer’s task is to explain how to protect themselves in the present situation and what steps should be taken to collect proper evidence for a future lawsuit.
• The employer begins to abuse their rights by demanding the performance of duties that the employee considers unlawful or by imposing additional obligations without any compensation.
• The employee has been unlawfully dismissed. In this case, it is necessary to analyse whether there are any errors or violations by the employer that can be used in court. As a rule, dismissals are carried out within short timeframes, and employers often neglect a thorough review of all circumstances that must be taken into account, as well as proper documentation. As a result, there are usually grounds for reinstatement of the employee and recognition of the dismissal as unlawful. In addition, calculation errors upon dismissal are common: employers may try to withhold certain amounts to cover alleged debts or fail to accrue vacation pay. This gives the employee grounds to claim the recovery of average earnings for the entire duration of the court proceedings.

Many employees wish to claim compensation for moral damages, but often have inflated expectations regarding the amount. If the violation of the employee’s rights is not related to harm to health but is based solely on personal concern that their reputation has been damaged, such claims are extremely difficult to prove.

How does a legal consultation on labour disputes for employees take place?

One of the key factors for success in a labour dispute with an employer is obtaining all documents on which a legal defence can be built. Usually, when employees are hired, they sign documents without reading them, considering them a formality. This is a mistake: whenever a job description, orders, internal policies, or similar documents are presented for signing, they should always be carefully reviewed. Moreover, an employee has the right to request copies of these documents, including certified ones.

When a person comes with a complaint about a violation of their rights (for example, non-payment of a bonus), the first question is always which document regulates those rights. Sometimes it turns out that the policy the employee refers to does not exist or has been destroyed by the employer. In such cases, if there is no documented regulation, there is no legal basis for the bonus. Therefore, the first task of a labour dispute lawyer is to obtain the maximum possible amount of information, primarily documents (employment contract, internal labour regulations, job descriptions, dismissal order, etc.), because witness testimony and indirect evidence are not the primary arguments in court. Employers may also later destroy or alter documents to strengthen their position in the dispute.

Some people are employed informally and later submit claims for unpaid wages. In most cases, it is extremely difficult to prove the existence of an employment relationship, and obtaining sufficient evidence is challenging. In such situations, consultation focuses on explaining how to collect evidence or persuade the employer to officially formalize the employment relationship.

If an employee is still working but understands that they may be dismissed, it is advisable to start preparing in advance and collect documents to protect their rights. A lawyer will analyse them and provide the necessary guidance.

If dismissal has already occurred, an attorney’s request can be used to obtain information. Another out-of-court method is applying to the State Labour Service, which can help obtain documents in cases of unlawful dismissal. If wage arrears are identified, they may issue an order requiring payment, and such orders are usually fulfilled voluntarily by employers. However, reinstatement orders fall within the competence of the court. If documents cannot be obtained through any of these methods, a lawsuit can be filed, and during the court process, evidence can be requested based on a court ruling.

During a legal consultation, it is important to reduce the employee’s psychological stress, as the best client is a rational client. The lawyer explains what can realistically be achieved and whether a court decision can be enforced, since the real goal is compensation rather than a court ruling itself.

What documents should an employee provide for a labour dispute consultation?

A typical document package includes the employment contract, dismissal order, and job description. Other documents depend on the specific case. For example, in cases involving non-payment of bonuses, the employee should provide the bonus policy and bank statements showing previous payments.

If a person is facing dismissal, it is often related to alleged absence from work. In such cases, it is necessary to establish where the employee was on the day in question and who can confirm that they were actually present at the workplace. If there is an access control system, it is important to try to obtain data from entry logs or video surveillance cameras, or signatures in attendance journals. If this information is manipulated (for example, the employer claims that video footage is stored only for 24 hours), other evidence may be used, such as cameras from nearby premises showing that the person entered the workplace and did not leave at the time when an absence report was allegedly created.

What services are included in employee representation in court?

Initially, a lawyer/attorney uses pre-trial methods of protection. In particular, they prepare a well-structured legal claim (pre-trial demand) — the employer may agree to review it and voluntarily settle the dispute, for example by partially compensating wage arrears. At the same time, the employee should consider the amount of time required to recover funds (under current conditions, court proceedings may take one to one and a half years, not including enforcement proceedings). It is also possible that the enterprise will not have sufficient funds, and the court decision may not be enforced.

In labour protection disputes (for example, when the employer fails to comply with additional guarantees and benefits provided by labour protection law, or forces employees to work during air raid alerts), a complaint can be filed with the State Labour Service or other law enforcement bodies — especially in cases of serious violations involving protected categories of employees (such as pregnant women or single mothers with children). This serves as a pressure mechanism that may encourage the employer to resolve the dispute voluntarily.

If pre-trial settlement methods are unsuccessful, the next step is to file a lawsuit. There is alternative jurisdiction: the claim can be submitted either at the employer’s registered location or at the employee’s place of residence. Legal services include:

• preparation of court documents;
• drafting the statement of claim;
• representation of interests in court;
• filing appeals in labour disputes.

In the Odesa region, hearings may last about a year due to heavy caseload, and the lawyer’s task is to continuously expedite the process. Enforcement of court decisions in labour disputes is carried out by either private or state enforcement officers.

Reinstatement is more relevant in practice for public sector employees, while for employees of private companies, recovery of average wages is usually more important. This is often a more rational approach than reinstatement followed by attempts to continue working in difficult conditions.

What results can an employee expect from legal representation in court?

The result of contacting the law firm «DE-JURE» is influencing the employer through inspections, demands, and legal requests, which compel compliance with obligations and labour rights. In case of court proceedings, the employee may recover all payments guaranteed by law.