APPLICATION OF TIME LIMITS FOR APPEAL TO THE COURT FOR THE RESOLUTION OF LABOUR DISPUTES UNDER THE CONDITIONS OF MARITAL STATE IN UKRAINE

Abstract

The article is devoted to the study of the practice of applying the time limits for applying to the court for the resolution of labour disputes in the conditions of martial law in Ukraine. The article states that the possibility of renewing the content and scope of violated labour rights depends on the correct determination of the start of the period for applying to the court for the resolution of the labour dispute and its duration, since if the plaintiff misses the period for applying to the court without valid reasons, the claim may be refused. It has been established that certain unified rules are intended to ensure legal certainty when applying to court for the resolution of labour disputes. Thus, in case of violation by the employer of the employee's right to remuneration before the entry into force of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on Optimizing Labour Relations», the period for applying to the court starts from the date of entry into force of this Law, i.e. from July 19, 2022. The article also states that in the event of an employer's violation of the employee's labour rights in the period up to June 30, 2023, the term of appeal to the court determined by the Labour Code of Ukraine in view of the provisions of Clause 1 of Chapter XIX «Final Provisions» of the Labour Code of Ukraine begins on July 1, 2023, since it is with this date that the cancellation of the quarantine established to prevent the spread of the acute respiratory disease COVID-19 caused by the SARS-CoV-2 coronavirus on the territory of Ukraine is connected. The article concludes that in view of the fact that the Labour Code of Ukraine provided for the extension of the deadlines for applying to court in labour disputes for the period of quarantine, in order to ensure the equality of procedural rights of participants in court proceedings in various types of legal proceedings and the effectiveness of the mechanism for the protection of labour rights, it is necessary to add Chapter XIX «Final Provisions» of the Labour Code of Ukraine by item 1-1 of the following content: «1-1. During the period of martial law and state of emergency in Ukraine, the terms specified in Article 233 of this Code shall be extended for the period of its validity».