Average earnings for forced absence
Average earnings for wrongful absence calculator
Enter the average daily earnings already calculated under Procedure No. 100 and the working days of forced absence under the actual schedule. For an employment dispute in Lviv or Lviv Region, the calculator provides a gross arithmetic estimate, not a prediction of the court’s decision.
Preliminary calculation of gross average earnings
The tool does not determine average daily earnings or count the days between dates: enter figures that have already been checked.
Enter the ready gross figure calculated under Procedure No. 100.
Enter the actual working days in the period of absence under the employee’s schedule, not calendar days.
Enter 0 if there was no such work. The amount must relate to the same period under review.
Preliminary gross result
Arithmetic estimateAverage gross earnings for the period
150 060,00 UAH
- Gross earnings from lower-paid work
- 0,00 UAH
- Estimated gross difference
- 150 060,00 UAH
- Main formula
- 1 250,50 UAH × 120 workdays = 150 060,00 UAH
- Difference formula
- 150 060,00 UAH − 0,00 UAH = 150 060,00 UAH
Important: The court checks the ground for dismissal, Procedure No. 100, actual schedule, length of proceedings, and other earnings. Taxes and mandatory payments are usually withheld when payment is made.
The brief summary is easy to paste into a message to a lawyer or save for yourself.
How the calculation works
Article 235 of the Labour Code provides for average earnings during forced absence from work, and for the wage difference if the employee performed lower-paid work.
Under paragraph 8 of Procedure No. 100, average daily earnings are multiplied by the working days eligible for payment. Because schedules differ, the calculator does not derive these days from calendar dates.
The general limit is one year. If the application is considered for more than a year for reasons not attributable to the employee, Article 235 allows payment for the entire period of forced absence.
Calculation methodology
Use the ready gross average daily earnings calculated under Procedure No. 100.
Use the timesheets and schedule to determine working days in the potential compensation period.
Multiply the exact amount in kopecks by the whole number of working days.
If needed, subtract gross earnings from lower-paid work for the same period.
We show the gross amount, deductions, and difference separately.
Remember to check the time limit, the one-year rule, the full period, taxes, and wartime circumstances.
Example
Example of an employment dispute in Lviv
The employee’s average daily earnings are UAH 1,250.50, and the actual schedule shows 120 working days in the review period. During this period, UAH 45,000 before taxes was earned in a lower-paid job in Lviv.
- Average daily earnings: UAH 1,250.50
- Working days: 120
- Lower-paid work: UAH 45,000
Average gross earnings are UAH 150,060, and the estimated gross difference is UAH 105,060.
The example is valid only if Procedure No. 100, the schedule, period, and classification of the other work are correct.
Documents for review
- Dismissal order and proof of the day the copy was received.
- Employment agreement, job description, and documents showing the grounds for dismissal.
- Certificate and calculation of average salary under Procedure No. 100.
- Pay statements and timesheets for the calculation period.
- The actual schedule and number of working days during the forced-absence period.
- Documents about lower-paid work and gross earnings for the relevant period.
- Evidence explaining the missed deadline or delay in review that was not caused by the employee.
Frequently asked questions
Why does the calculator not accept calendar dates?
The number of paid working days depends on the actual schedule, shift pattern and period accepted by the court. A simple calendar interval may produce an incorrect result.
How to determine average daily earnings
Under Procedure No. 100, use the appropriate calculation period, payments, and time actually worked. Check the employer’s certificate, timesheets, and payslips.
Does the one-year limit always apply?
This is the general rule under Article 235. If the application was considered for more than a year through no fault of the employee, payment for the entire period of forced absence may be due.
Should all income after dismissal be deducted?
No. The field concerns gross earnings from lower-paid work during the relevant period. The legal nature of other income must be checked.
Is the amount shown before taxes?
Yes. The employer usually withholds taxes and mandatory payments as a tax agent when payment is actually made.
Does martial law suspend the time limit for filing?
There is no general automatic suspension. War-related obstacles may be valid if proved, but the one-year limit under Article 234 must also be considered.
Resources for your situation
Calculations and checks
Guidance and instructions
Official sources
- Labour Code of UkraineArticles 233–235 govern the period, its renewal, and compensation for forced absence or lower-paid work.
- Procedure for Calculating Average Earnings, Cabinet of Ministers Resolution No. 100Paragraph 8 describes calculating payment using average daily earnings and working days.
- Tax Code of UkraineDefines income taxation and the tax agent’s functions; check the rules as of the payment date.
- Prepared
- The methodology was prepared by the website editorial team based on official sources.
- Important
- The tool provides a preliminary result and does not replace document review.
Current as of . The calculation is preliminary and depends on the documents and circumstances.
Free initial consultation
Need to check an employment calculation?
Submit an application to check the time limit, average daily figure, schedule, other earnings, and requirements for a dispute in Lviv or Lviv Oblast.
- the calculator result can serve as a reference for a conversation
- documents, deadlines, or contract terms may change the conclusion
- briefly describe the circumstances in the form if needed