1. The subject of the dispute is the appeal against the inaction of the defendant regarding the refusal to recalculate and pay the monetary allowance to the plaintiff, as well as the obligation to carry out such recalculation and payment.
2. The court of cassation established that the courts of previous instances mistakenly applied the norms regarding the terms of applying to the court, without taking into account the duration of the legal relations that arose before and after the amendments to Article 233 of the Labor Code of Ukraine (LC). The court noted that it was necessary to divide the disputed period into two parts: before July 19, 2022 (the date the amendments to the LC came into force) and after this date, applying the corresponding versions of Article 233 of the LC. Also, the courts did not properly verify the circumstances of the plaintiff receiving the monetary certificate, with which they associated the beginning of the term of applying to the court. **:** The court departed from previous conclusions of the Supreme Court regarding the application of Article 233 of the Labor Code of Ukraine in similar cases, pointing out the need to take into account the duration of legal relations and the periods of validity of different versions of this article.
3. The Supreme Court overturned the decisions of the courts of previous instances and sent the case to the court of first instance for further consideration.
