I do not pay my salary on a regular basis. What are my rights?

 

In view of the current legislation in the field of labor law as a conscientious worker / employee, I should enjoy the protection of the law against abuse by the employer. The payment of the agreed remuneration is mainly his responsibility. Failure to do so puts me in a difficult situation, so the legislator has taken care of me for a number of rights to emerge. This Right (a so-called article from us) aims to provide me with more information on what I can do in the event of a delay in the payment of my salary.

 

First of all, it's always good to consult with a commercial law specialist. So I'm sure I have all the options. It's not expensive, it's fast and easy on this page.

 

My salary is changing. What can I do?

1. First of all, it is primarily my right to get my monthly salary on time. If my obligations are fulfilled in good faith, the Labor Code guarantees the payment of at least 60 percent of my salary, but not less than the minimum wage for the country. The difference to the full amount of wages is still due to me and must be paid to me additionally with interest. Even a one-day delay in my salary - salary, premium, bonuses, missionary or other cash that is related to my work is considered a delay and is a requirement on my part!

 

2. If the delayed amount is not paid on a voluntary basis and my employer has delayed at least one monthly salary, I have the right to terminate my employment without notice. I can make the application for free here. For this purpose, I must notify my employer in writing by letter that would look like this. The employment relationship is deemed terminated from the moment my employer receives the letter without the need for his / her consent.

 

When I terminate the employment contract on this ground, I am entitled to the following additional benefits, except the due salary and the interest thereon:

 

In case I work on an indefinite employment contract, my employer owes me compensation in the amount of the fee for the term of the notice of termination specified in the contract.

In case I work on a fixed-term contract and suffer damages as a result of the termination of the employment relationship, the employer must pay me the amount of the actual damage suffered.

I am also entitled to an allowance for unused annual leave for the current calendar year. More about my leave and rights related to them -> "Paid and unpaid leave", "How and what leave to ask for" and "My right to school leave".

They did not pay me after we terminated the labor contract !?

Despite the fact that the employment contract is terminated and I am no longer working here, the outstanding amounts continue to be due to me. If they are not paid out voluntarily, I have the right to seek them through the courts. Before that, it is important to request, through a request to the employer, an extract from salary scales for outstanding remuneration and benefits. If I am denied, I can file a complaint with the Labor Inspectorate, which will ask my employer for these documents and will fine him for refusing my assistance, which is contrary to Art. 128 (3) of the Labor Code. Based on these documents, I can:

 

1. To submit to the District Court, on the grounds of Art. 410 of the Civil Procedure Code, Application for the Issue of an Order of Execution. The purpose is once again to issue in my favor a writ of execution, in which, as a creditor in the enforcement case, I proceed to forcible collection of my remuneration with the help of a bailiff. Before issuing a writ of execution, I must know that:

 

If my employer objects to the order of execution issued within the time limit, the court will inform me of the possibility of claiming my claim within one month.

If he does not object, the court will issue me an Execution Sheet for the amounts due.

2. I have the right to file a claim against my employer in the district court at the employer's headquarters or at the place where I do my normal work. The limitation period is up to 3 years from the date on which the relevant remuneration was due to be paid to me. After my expiration, I lose this right (I can read more about the time limit on "I owe money, when can I refer to a limitation period?" And "When does the prescription expire and when is it interrupted?"). Disputes concerning wages are dealt with by court order, and as a worker / employee, I am exempt from the payment of a state fee. After successfully completing the court proceedings, my employer will be ordered to pay me the amounts due and will be issued against him