24.07.2024

WHAT ARE OUR RIGHTS IF SALARY PAYMENTS ARE DELAYED

In the business environment, where time is of the essence, delays in the payment of labor can create serious difficulties for workers. In the event of salary delays, it is important to know what our rights are and how we can act in accordance with them.

In this context, understanding employment rights and options for delaying pay is essential. According to the Labor Code, workers have certain rights in the event of salary delays. What are our rights in such situations and how can we exercise them?

According to the Labor Code, the employer is obliged to pay at least 60 percent of the labor remuneration, and this amount cannot be less than the minimum wage for the country. The difference between this minimum and the full amount of remuneration must be paid additionally by the employer and is usually reported as payable with interest.

It is important to emphasize that even a one-day delay in remuneration, including salary, bonuses, bonuses and travel allowances, is considered delay and falls under the requirement. If the delayed amount is not paid voluntarily, and if the employer delays at least one monthly salary, the employee has the right to terminate his employment relationship without notice.

For example, if an employee expected his salary until the end of the month, and it was delayed without reason, he has the right to send an application to his employer, notifying him of his decision to terminate the employment relationship due to salary delay. According to the law, the employment relationship is considered terminated from the moment the employer receives the application, without the need for his consent. These statutory provisions provide workers with a means of protecting their rights in the event of wage delays and emphasize the importance of timely and legal requirements for the payment of wages.

In case of termination of the employment relationship, the law provides for a number of benefits and rights that the employee is entitled to receive, in addition to the due salary and the interest on it.

Upon termination of the employment contract with notice, the employer is obliged to pay compensation in the amount of the remuneration for the notice period specified in the employment contract.

Upon termination of a fixed-term employment contract, if the employee suffers damages as a result of this termination, the employer is obliged to pay the amount of damages actually suffered.

You are also entitled to compensation for unused annual leave for the current calendar year.

And in the event that the employer does not pay the sums due after the termination of the employment relationship, the employee retains the right to seek legal protection by filing a claim against the employer within 3 years from the date on which it should have been paid the corresponding remuneration. After the expiration of this period, this right is lost.

In the event of a delay in remuneration, workers must be informed of their rights and remedies. The Labor Code provides the necessary framework to ensure timely payment, and if this process is delayed, workers have the right to take concrete steps to exercise their rights.

Each case of delayed wages is unique, but it is important to know that workers have legal remedies to protect their employment rights under the law.