Subject of the dispute: Military serviceman PERSON_1 challenges the refusal of the military unit to recalculate and pay monetary allowance for the period from 29.01.2020 to 17.02.2020.
Main arguments of the court: The Supreme Court established that until 19.07.2022, the Labor Code of Ukraine did not limit the term for an employee to file a lawsuit for wage recovery. Changes introduced by the Law dated 01.07.2022, which limit such term to three months, cannot be applied to legal relations that arose before their entry into force. Therefore, the appellate court incorrectly applied the new version of the law to the disputed legal relations of 2020.
Court decision: The Supreme Court canceled the resolution of the appellate administrative court and referred the case for a new review to the appellate instance.
