What can I do if my employer does not pay my salary?


Questioner

September 30, 2023 was my last physical working day. I then took my remaining vacation days in October. This means that I left my employer as of October 25, 2023. To this day (December 2), I have not received my last salary for the month of October. I have sent the director an email twice asking when I can expect my salary. In my last email, I indicated that I would like to receive it on November 30. Unfortunately, I never received a response. What can I do now?

Lawyer

It is unacceptable that your employer does not pay your wages. The Unemployment Act article 16 stipulates that the salary must be paid on the agreed fixed day, at the latest the last working day of the month. This has clearly not happened. Here are some steps you can take: 1. Put the problem in writing: It seems that you have already been in contact with your employer, but it may be useful to put your request officially in writing. This can be done by letter or email, in which you can also indicate the date on which you expect to receive the salary. This also gives you a burden of proof for any subsequent steps. 2. Use a union or legal expenses insurance: If you are a member of a union, they can often help you with these types of issues. If you have legal expenses insurance, you can use that too. 3. Involvement of the Legal Helpdesk or a lawyer: If the above steps do not help, you may consider seeking legal assistance. They can help you assert your rights. 4. Wage claim through the court: As a last option, you can go to court to claim your salary. For this you need a lawyer. You could file a so-called “wage claim” in which you ask the court to determine that your employer must pay you your salary. Please note: there are costs involved. Some of the above options can take some time, so it is advisable to start these steps as soon as possible. Also, keep in mind that hiring a lawyer involves costs. So first check whether you are entitled to subsidized legal aid. I recommend seeking professional legal help for detailed advice tailored to your situation.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

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