Recovery of wages during forced absence

Administrative Law
Topchiy Peter
04.12.2020
Law Services - Recovery of wages during forced absence

Is it possible to protect their rights in view of the Supreme Court

(Judgment of the Supreme Court of 23.06.2020 in case № 802/1184/16-a
(administrative proceedings № К / 9901/2924/18
) 

 

          Given the established state guarantees of enforcement of court decisions, the Supreme Court notes that the delay in the execution of a court decision to reinstate an illegally dismissed employee entails the employer’s obligation to pay such an employee the average salary for the entire period of delay.

        Therefore, the Supreme Court considers that non-execution or late execution of a court decision is an appropriate ground for the plaintiff to apply to the court..

        At the same time, the plaintiff has the right to independently choose the method of protection of his violated rights, both by going to court with the appropriate claim, and by establishing control over the execution of the court decision to reinstate him in office.

 

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Administrative Law
Administrative Law
Мирошниченко Анастасія
22.07.2021