Case No. 182/6943/23 is not an exception! but rather a typical situation. What should an employee do to protect his rights?
Study the terms of the collective agreement in detail. When signing Ukrainian reality an employment contract! the employee must be sure that its provisions do not contradict the collective agreement.
Document the violation
If an employee believes that their rights have been loan data violated! it is important to collect all evidence: payment statements! copies of contracts! correspondence with the employer! etc.
Contact the union. If there is a union! the employee can involve it in negotiations with Ukrainian reality the employer or in preparing a lawsuit.
Judicial protection. Ukrainian judicial practice demonstrates that the Civil Court of Cassation takes the side of the employee if a violation of the terms of the collective agreement is proven. At the same time! this path requires patience and resources.
On the balance between rights and reality
The decision of the Civil Court of Cassation is not only a confirmation of the employee’s right! but also a signal to employers: ignoring the terms of the collective agreement has consequences. At the same time! the case demonstrates how difficult and exhausting the process of protecting one’s rights can be.
Ukrainian labor law requires systemic changes:
Increasing the role of trade unions! strengthening the services market with a personalized google ads employers’ liability for breach of contracts! and introducing clear control mechanisms. Only in this way can a balance be achieved between the interests of employees and employers.
Therefore! based on a literal analysis of the content of the asb directory provision of subparagraph 75.1.3 of paragraph 75.1 of Article 75 of the Tax Code of Ukraine! conducting a factual audit requires a clear clarification of the place of direct conduct of a specific type of activity by the taxpayer and the actual conduct of this audit in such a place or at the location of certain objects used by the business entity in its activities! which are covered by the subject of the factual audit.
