Subject of Dispute: A serviceman demands that the military unit calculate and pay compensation for loss of income due to violation of monetary allowance payment terms for the period from January 1, 2020, to March 29, 2023.
Main Arguments of the Court:
The Supreme Court for the first time formulated a position that for long-term legal relations that arose before July 19, 2022, different versions of Article 233 of the Labor Code of Ukraine should be applied. Until July 19, 2022, there was a norm on an unlimited term for appealing to court, after which a three-month term was introduced. The court considers that a differentiated approach should be taken to determining the statute of limitations.
The court also emphasized that compensation for loss of income is a component of wages and has a compensatory nature, aimed at maintaining the employee’s purchasing power.
Court Decision: To cancel the decisions of previous instances and send the case for a new review to the court of first instance for a detailed examination of the circumstances.
