In its Letter dated October 6, 2014 No.3050/0/06/149 the Ministry of Social Policy of Ukraine told about the limitation periods applied to labour disputes.
According to Part 1 Article 9 of the Civil Code of Ukraine, its provisions are applied to labour relations, unless they are regulated by other legislative acts. The Labour Code of Ukraine establishes limitation periods, i.e. these issues are regulated.
According to Article 233 of the Labour Code, an employee may apply for labour dispute settlement directly to the court within three months after he/she knew or should have known about the violation of his/her rights, and in cases of dismissal – within one month after being handed a copy of the order of dismissal or his/her work record. In case of violation of the wage payment legislation an employee may apply to the court for recovery of wages due to him/her without any limitation period. Owners or their authorized bodies may apply to the court for recovery of material damage inflicted by an employee to an enterprise, institution, organization within 1 year upon detection of damage inflicted by the employee.
Employment agreements shall be concluded by orders or instructions issued by owners or their authorized bodies to appoint the relevant employees. Article 9 of the Labour Code establishes that the conditions of labour agreements that worsen the situation of employees in comparison with the law shall be invalid.
The form of employment agreement between an employee and an individual using hired labour has been approved by Decree of the Ministry of Labour and Social Policy of Ukraine dated 08.06.2001 No.26010. It is approved by Decree of the Ministry of Labour and Social Policy of Ukraine dated 08.06.2001 a model form that does not provide for including limitation periods into labour agreements.