It is prohibited to restrict the employee’s right to freely dispose of his salary in any way.
The organizational principles include the following:
The principle of appointment of judges of commercial courts by the highest bodies of state power. Judges are elected by the Verkhovna Rada of Ukraine indefinitely in accordance with the procedure established by the Law of Ukraine "On the status of judges"…
The principle of individual and collegial consideration of the case. In accordance with Articles 4-6 of the Code of Civil Procedure of Ukraine, cases in local commercial courts are considered by a judge alone. Any case falling within the jurisdiction of these courts, depending on the category and complexity of the case, may be heard by a court of three judges. The appellate review of decisions of local commercial courts is carried out by the commercial courts of appeal by a panel of three judges. The cassation review of decisions of local and appellate commercial courts is carried out by the Supreme Commercial Court of Ukraine by a panel of judges consisting of three or more odd-numbered judges.
The principle of independence of courts, independence of judges and their submission only to the law. This Inflatable Water Slide principle means that the court is independent in the administration of justice from the legislature and the executive and is subject only to the law. The independence of judges is ensured primarily by the procedure established by law for their election, suspension of their powers and dismissal, as well as the liability provided by law for contempt of court or judge. The independence of judges is also ensured by the judge’s right to resign, the inviolability of judges, the creation of the necessary organizational, technical and informational conditions for judges, the material and social security of judges according to their status, and the special funding of judges and the system of judicial self-government.
The principle of the language of justice. According to the Constitution of Ukraine, the Law of Ukraine "About the judiciary" Code of Civil Procedure of Ukraine proceedings are conducted in the state language. Participants in the process who do not speak the state language are given the right to get acquainted with the case materials, participate in court proceedings through an interpreter and the right to appear in court in their native language.
The principle of publicity and openness of the economic process. As a general rule, consideration of cases in commercial courts is open, ie consideration of cases in all commercial courts of Ukraine should take place in open court hearings. This means that any person can be present in the courtroom. However, the legislator leaves the possibility to the court after assessing the validity of the claims of the party (parties) to a closed dispute to decide on a closed case to protect state, commercial or banking secrets or to ensure the confidentiality of certain aspects of the relationship. According to Article 16 of the Code of Civil Procedure of Ukraine, consideration of cases containing a state secret is referred to the exclusive competence of the Commercial Court of the city of Kyiv. The request for a closed hearing of the case must be filed by the party before the trial on the merits. A decision shall be made to consider the case in closed session or to reject the petition in this regard. Participants in the trial and other persons present at the open court hearing have the right to make written notes. Photo and filming, TV, video, sound recording with the use of stationary equipment, as well as broadcasting of the court session may be carried out in the courtroom with the permission of the court, in accordance with the procedure established by the procedural legislation. The trial is recorded by technical means and reflected in the minutes of the hearing.
Knowledge of the principles provides a systematic analysis of current economic procedural legislation. They are starting points in the interpretation of procedural rules with insufficiently defined content, in correcting shortcomings in the law, allow to find the right solution to a particular procedural issue, if the current legislation does not have a relevant rule. The principles are also a guideline in rule-making activity: they determine the main directions, prospects for the development of commercial litigation, serve as a criterion for assessing the validity of proposals for changes and additions to existing legislation.
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General characteristics of workers’ rights to remuneration
The employee has the right to be paid for his work in accordance with the legislation and the collective agreement on the basis of the concluded employment contract
The owner at the conclusion of the employment contract is obliged to inform the employee of all conditions of payment of work, its sizes, the order and terms of payment.
The amount of wages may be lower than the established employment contract and the minimum wage in case of non-compliance with production standards, production of defective products, and for other reasons provided by applicable law, which occurred through the fault of the employee.
Discrimination in remuneration, reduction of its size depending on origin, social, property status, political, religious beliefs, trade union membership, place of residence and other reasons established by law are prohibited.
The subjects of the organization of remuneration do not have the right to unilaterally worsen the position of the employee in remuneration in comparison with the conditions provided by law, agreements, collective agreements.
It is prohibited to restrict the employee’s right to freely dispose of his salary in any wayThere are lots of pills and tablets that are designed to treat erectile dysfunction, and one of the main methods is known discount viagra from canada as penis enlargement that is required to immediately contact the doctor for further medical emergency process as consuming more than one in a day’s period can cause complex medical issues. These easily obtainable medicines today took our ancestors’ ages to discover and formulate. next page ordering viagra without prescription Pressure cook for cheap 25mg viagra 3-5 minutes, depending on how mushy you want the dish to be. Moreover, you may have it with or without food as per the guidance of your GP, cheap levitra tablets however it may cause minor sickness like stuffy nose, headache, upset stomach, facial flushing and swelling. . Therefore, cases of receiving a salary due to an employee, his family members, other persons without a specially issued power of attorney are not allowed.
The law prohibits deductions from wages intended to be paid directly or indirectly to the owner or any intermediary for obtaining or retaining a job.
Deductions from the salary can be made only in cases provided by law. In particular, according to Art. 127
Labor Code by order (instruction) of the owner can be made deductions for:
return of the advance issued at the expense of the salary or for a business trip; to return amounts overpaid due to calculation errors; to repay the unspent and not returned in advance advance issued for a business trip or transfer to another location; for economic needs.
In all these cases, deductions may be made if the employee does not dispute the basis and amount of the deduction. In other words, it is necessary to obtain the consent of the 123helpme.me employee for such deduction. If the consent is obtained, the order is issued no later than one month from the date of expiration of the period established for the return of the advance or from the date of payment of the incorrectly calculated amount.
Deductions from salary may also be made in the case of dismissal of an employee before the end of the working year in which he has already used annual leave, for unworked days of leave. It should be borne in mind that the law does not allow such deductions to be made upon dismissal on grounds not related to voluntary dismissal. These are the grounds for dismissal at the initiative of the owner without the commission of culpable actions by the employee, as well as in other cases provided by law. In particular, under paragraphs 3, 5, 6 of Art. 36 and paragraphs 1, 2, 5, 6 of Art. 40 of the Labor Code, as well as in cases of referral to study, retirement, death of an employee (Article 127 of the Labor Code, Article 22 of the Law of Ukraine "About vacations").
In the case of infliction of property damage by an employee to the enterprise with which he is in an employment relationship, deductions are also made from the employee’s salary to compensate the damage in an amount not exceeding the average monthly earnings of the employee.
For each salary payment, the total amount of all deductions may not exceed 20%, and in cases separately provided by law – 50% of the salary due to the employee. However, these restrictions do not apply to deductions from the salary when serving a sentence in the form of correctional labor and in the recovery of child support (Article 128 of the Labor Code, Article 26 of the Law of Ukraine "About wages").
Salary on the territory of Ukraine is paid in banknotes that have legal circulation on the territory of Ukraine. Payment of salary in the form of promissory notes and obligations or in any other form is prohibited. Salary may be paid by bank checks in accordance with the procedure established by the Cabinet of Ministers of Ukraine in agreement with the National Bank of Ukraine.
As an exception, the collective agreement may provide for partial payment of wages in kind (at prices not lower than the cost) in those industries or in those professions where such payment is normal or desirable for employees. The Cabinet of Ministers of Ukraine by its Resolution №244 of April 3, 1993 p. approved the list of goods not allowed for payment of wages in kind.
At each payment of wages, the owner must inform the employee about the payment:
the total amount of wages with a breakdown by type of payment; amounts and grounds for deductions from wages; the amount of wages due.
The owner must ensure the payment of wages regularly on working days, within the time limits set in the collective agreement, but at least twice a month, with an interval of 16 calendar days.
In cases where the day of payment of wages coincides with a day off, holiday or non-working day, the salary is paid the day before.
The salary is paid at the place of work. According to the written application of the employee, the payment of salary can be made through banking institutions, postal transfers with mandatory payment of these services at the expense of the owner.
According to Art. 36 of the Law of Ukraine "About wages" for violation of the legislation on remuneration of labor guilty officials are brought to disciplinary, material, administrative, criminal liability. According to the Resolution of the Cabinet of Ministers of Ukraine # 542 of June 9, 1997, for non-fulfillment by the enterprise of obligations to pay salaries to employees, non-compliance with the schedule of repayment of salary arrears, the head of the state enterprise may be dismissed.
The Code of Ukraine on Administrative Offenses for violation of labor legislation provides for administrative liability of officials of enterprises, institutions, organizations, regardless of ownership, who have the right to hire, citizens-owners of enterprises or their authorized persons in the form of a fine of 5 to 10 tax-free minimums income of citizens (Article 41 of the Administrative Code).