Tuesday, August 2, 2011

Vyzyskat as wage arrears, if a company closed down?

According to the lawyer Cyril Kazak, in this situation is not an option, which would be absolutely guaranteed to recover a debt, but we can recommend a few basic ways to work: 1) if the enforcement proceedings are not closed - to intensify the work in the executive office by writing complaints against the state performer. Unfortunately, the text of the question is unclear exactly what procedures took place in the executive service, as it is essential to determine the situation. Definitely we can say the following. In accordance with the provisions of the Law "On Enforcement Proceedings," the executive office after identifying the property from the debtor (if the debtor has no money and the full amount of the debt), arresting the property and begin the procedure of collecting the debt from the property. Revealed the property is described, evaluated and subject to sale at auction. If the first time the property is not sold, it will be marked down (up to 30%), and put up for auction a second time. In the case of non-realization for the second time, it is discounting up to 50% of the cost. If the sale does not happen a third time, the claimant is invited to take the property (which was done in this case). In case of failure the creditor, the enforcement proceedings be closed, executive document returned the claimant, the arrest of the property is removed. This does not preclude the right to re-file for execution, but usually in such cases, the company is no longer anything at all, even in existence property, and all possibilities to get money in this way are lost. Accordingly, if enforcement proceedings have not yet closed, all trades conducted and the property is not sold, then the worker is worth to take property and sell it yourself, because otherwise he can not get anything at all. This is due to the fact that the company founders are responsible only for its contributions to the company and the company's debts in excess of the contribution from them, but can not be obtained. 2) apply to the State Labour Inspectorate to complain about unpaid wages. The Inspectorate carries out inspection and, if there is a violation, shall order its removal, and informs the prosecutor's office revealed violations of wages. 3) in parallel with the first two ways - to contact the prosecutor's office about criminal liability for failure to pay wages. This measure is quite effective for the following reasons: - The Criminal Code (Article 175) provides for criminal liability for willful failure to pay wages without a good reason for more than a month. - Law of Ukraine "On the wages and the Labour Code of Ukraine stipulates that the salary paid in the first place (even before fees and taxes and state budget). Accordingly, any other payments the company in the presence of wage arrears would be a violation and grounds for bringing the head of the criminal liability. - Since the text of the question shows that the worker is trying to recover debts for three years, we have time for administrative prosecution has expired, and given the small amount of fines (510-1700 UAH.) Attempt to draw the head of the administrative proceedings useless. - The most important reason - in case of a criminal case (if the company had not repay the debt - which, above all, for the head), the leader (since he is liable to pay the salary and will be prosecuted), there is a possibility of liberation from criminal liability, if he bring to this responsibility to repay wage arrears. Thus, to achieve maximum results must act on all fronts (executive service, inspection, labor protection and prosecution), and usually it appeal to the prosecutor gives the highest result since it is related to criminal charges.

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