European Employment Insights February 2026 (Ukraine)
The statute of limitations for claiming unpaid salary declared unconstitutional
In July 2022, the Ukrainian Parliament adopted several amendments to labor laws, as well as certain temporary norms and deviations from standard rules, due to the introduction of martial law in Ukraine. Most of these amendments canceled, restricted or suspended employees’ rights and guarantees. Among such amendments, Parliament introduced a 3-month statute of limitations for employees to claim all amounts due from an employer in connection with dismissal. Previously, there was no statute of limitations for salary-related disputes. Moreover, the right to claim unpaid salary was tied to dismissal. Initially, employees had the right to file a lawsuit to recover owed remuneration in the event of any violation of laws on salary without a statute of limitations.
The Constitutional Court’s decision
In its decision adopted in December 2025, the Constitutional Court of Ukraine declared unconstitutional part 1 of Article 233 of the Labor Code of Ukraine, insofar as it establishes a 3-month period for employees to apply to a court for the recovery of salary and other payments, since it de facto narrows the substance and scope of the constitutional rights guaranteed by Articles 43 and 55 of the Constitution of Ukraine, violates guarantees of timely receipt of remuneration for work, and deprives employees of the actual opportunity to effectively exercise their right to judicial protection. This means that this norm shall be considered invalid from the date of the Constitutional Court’s decision.
Arguments of the Constitutional Court
The right to a salary no lower than that specified by law is a guarantee of the minimum level of remuneration, while the right to timely remuneration for work is a guarantee of the implementation of this right; together, these guarantees form a single constitutional standard of protection.
A court may renew a missed 3-month statute of limitations only if one year or less has passed from the moment an employee received a copy of a dismissal order or a written notification of amounts accrued and paid in connection with dismissal. This means that while employment relationships continue, such legal facts cannot occur for an employee.
This legislative phrase creates a paradoxical situation: an employee who continues to work is in a less protected position than a dismissed one. In the event of systematic nonpayment or periodic delays in salary payment, such an employee must file claims every 3 months in order not to lose the right to judicial protection.
Remuneration for work is directly linked to human dignity and social justice, as the right to remuneration for work is part of the right to work and, at the same time, a guarantee of respect for human dignity. Restriction of an employee’s ability to claim appropriate remuneration for work in court during the term of employment makes this guarantee void.
The Constitutional Court of Ukraine also notes that the balance between employees’ right to timely and full remuneration for work, employers’ interest in legal certainty and protection from unlimited liability, as well as the public interest in stable legal order and effective justice, cannot in any case be achieved by depriving employees of the opportunity to exercise their right to receive remuneration for work.
The Constitutional Court of Ukraine considers that the introduction of a 3-month statute of limitations infringes upon an individual’s guaranteed right to receive timely remuneration for work and enables employers to avoid paying salaries.
