The result of our attorneys' work is the legal position of the case-law of the Supreme Court

On the January 18, 2017 Supreme Court of Ukraine adopted a landmark judgment in a case concerning the recovery of average earnings, the petition filed on behalf of clients by lawyers of "Sklsarenko, Sydorenko and Partners" Attorneys- at- Law (case number 6-2912цс16).

In the case of evidence of violations of the dismissal of workers, until recently the courts in most cases meet the requirements of the plaintiffs for the recovery of the average wage as a for late payment, and for the late issuance of the labor books, that is, collect double the average wages for the same period.

In turn, APU, eliminating the ambiguous use of cassation court of the same substantive law in such legal relations, agreed with the arguments of our lawyers that for violation of labor rights of workers in a single dismissal can not be double recovery of average incomes for, as it will not be commensurate with the the right to work an employee who receives a salary. The Court pointed out that the Labour Code it is an employer's liability in the form of recovery of average earnings during the same truancy worker to compensate for losses from the non-receipt of his salary or impossibility of employment.

Thus, the Supreme Court has recognized a reasonable attorney's position that the average salary to be recovered only for infringement, which lasted longer.