11 December 2025
On 11 December 2025, the Grand Chamber of the Constitutional Court of Ukraine deliberated the case upon the constitutional petition of the Supreme Court on the constitutionality of Article 233.1 of the Labour Code of Ukraine (hereinafter, the “Code”) and delivered Decision No. 1-r/2025.
According to Article 233.1 of the Code, “an employee may apply to a court for the resolution of a labour dispute within three months from the date on which he or she became aware or should have become aware of the violation of his or her rights, except in the cases provided for in part two of this article.”
Having examined the issues raised in the constitutional petition, the Court concluded that the contested provision of the Code establishing a three-month period for an employee to apply to the court for the recovery of wages and other payments due to the employee is inconsistent with the Constitution of Ukraine.
The Decision emphasises that setting a three-month deadline for an employee to apply to a court for the recovery of wages and other payments due to the employee is contrary to the Constitution of Ukraine, as it leads to a de facto narrowing of the content and scope of constitutional rights guaranteed by Articles 43 and 55 of the Constitution of Ukraine, violates the guarantees of timely receipt of remuneration for work, and deprives the employee of the real opportunity to effectively exercise the right to judicial protection, which contradicts with Articles 8.1, 43.7, 55.1 of the Constitution of Ukraine.
The Court declared that Article 233.1 of the Code, which had been found unconstitutional, would cease to have effect from the date of the Court's decision.
The judge-rapporteur in the case is Galyna Yurovska.
The decision and its summary will be published on the Court's official website on 12 December 2025.
