Salary late? Discover your rights!

Questioner

I have been getting my salary paid 2 weeks late for 4 months now. My employer is not taking any action on this. Can I file a fine or something like that against him for this?

Lawyer

You can refer your employer to Article 7:625 of the Dutch Civil Code, which imposes a fine ('statutory increase') for late salary payments. Here is the text of that article: Article 625 (BW) 1. To the extent that the wages established in money or the part remaining after deduction of that which may be settled by the employer in accordance with Article 628, and after deduction of that to which third parties have rights in accordance with Article 633, are not paid at the latest on the third working day after the day on which payment should have been made in accordance with Articles 623 and 624 paragraph 1, the employee shall be entitled to an increase for delay if this non-payment is attributable to the employer. This increase shall amount to five percent per day for the fourth to the eighth working day inclusive and one percent for each subsequent working day, provided that the increase shall in no case exceed half of the amount due. Nevertheless, the court may limit the increase to such an amount as it deems fair in view of the circumstances. 2. This article may not be deviated from to the detriment of the employee. Usually, the salary must be paid no later than the first day of the following month. From 3 working days thereafter, the employer is therefore liable for an increase/fine. I hope this has helped you on your way. Good luck and kind regards,

Lawyer

Dear questioner, It is wise to point out the above article to your employer. Hopefully this will ensure that he will now pay your salary on time, because otherwise he will owe you a fine. If that doesn't work, it is wise to hire a lawyer specialized in labor law to write a letter for you. This often has a stronger effect than sending a letter yourself. You can then claim the statutory increase and the statutory interest. This can also be done together with your colleagues. After all, you are stronger together. Of course I will be happy to help you with this.