Subject of the Dispute: Recognition of the Unlawful Inaction of the Main Directorate of the State Tax Service in Khmelnytskyi Oblast Regarding Non-Accrual and Non-Payment of Wage Indexation for the Period of 2013-2017.
Main Arguments of the Court: The Supreme Court established that until July 19, 2022, the Labor Code of Ukraine did not limit the time limit for filing a lawsuit on wage recovery. The courts of previous instances incorrectly applied the new version of Article 233 of the Labor Code, which came into effect after the emergence of disputed legal relations. The plaintiff had the right to apply to court without time limitations, since the events occurred before the legislative changes.
Court Decision: The Supreme Court canceled the decisions of the courts of previous instances and referred the case for a new review to the court of first instance.
