Of course, here is an analysis of the provided act:
1. **Essence of the decision:** The Constitutional Court of Ukraine declared unconstitutional the provision of the Labor Code that limits the period for an employee to appeal to the court to recover wages and other payments to three months. The court ruled that such a restriction violates the right to timely remuneration for work, guaranteed by the Constitution of Ukraine, especially when labor relations continue.
2. **Structure and main provisions:**
* The act is a separate opinion of a judge of the Constitutional Court regarding the decision in the case on the constitutionality of part one of Article 233 of the Labor Code of Ukraine.
* The court declared unconstitutional the three-month period for applying to the court to recover wages and other payments.
* It is indicated that the decision does not concern part one of Article 233 of the Code as a whole, but only regarding the terms for disputes regarding payments.
* The importance of transparency in legislative activity and compliance with the constitutional procedure when making changes to labor legislation is emphasized.
* It is emphasized that the restriction of the right to judicial protection must be fair, objectively justified and not violate the essence of the right.
3. **Key provisions for use:**
* Employees now have more time to apply to the court with claims for the recovery of wages and other due payments, since the three-month period has been declared unconstitutional.
* The Verkhovna Rada of Ukraine must amend the Labor Code to bring it into compliance with the decision of the Constitutional Court and establish a new term for applying to the court.
* When resolving labor disputes, the courts must take into account that the three-month period for applying to the court is unconstitutional and inapplicable to disputes about the recovery of wages and other payments.
* Employers should be prepared for the fact that employees will have more time to file claims for payment of wages and other payments.
