30.04.2025

HOW TO LEAVE A JOB IF YOU HAVE NOT RECEIVED YOUR SALARY

The legislator has provided for a hypothesis in the provision of Art. 327.(1), item 2 of the Labor Code, in which the worker/employee has the right to terminate the employment contract with his/her employer without notice, when "the employer delays the payment of the remuneration or compensation under this code, or under social security."

It is necessary to have:

1) a valid employment contract;

2) a delay in the payment of the remuneration or compensation by the employer, starting from the date on which it should have been made;

3) a written objectified will of the worker to terminate the employment contract in the form of an application.

In the current version of the law, a delay of 1 day is sufficient to justify the right of the worker/employee under Art. 327, para. 1, item 2. Labor Code.

The lack of funds does not release the employer from the obligation to pay the remuneration in a timely manner.

The application for termination of the employment relationship is submitted to the employer in two copies, one of which is for the employer, and the other is marked with the incoming number and date of the document and returned to the worker/employee.

In the case of Art. 327, para. 1, item 2 of the Labor Code, the employer owes compensation to the worker/employee in the amount of the gross remuneration for the notice period, in the case of an indefinite employment relationship, pursuant to Art. 221, para. 1 of the Labor Code.

Last but not least, the worker/employee may terminate the employment relationship by mutual consent (Art. 325, para. 1, item 1 of the Labor Code), but then he/she is not entitled to compensation under Art. 221, para. 1 of the Labor Code.

Whichever option for termination the worker/employee chooses, he/she may seek the due unpaid wages, both voluntarily and through legal proceedings. It is important that the application under Art. 327, para. 1, item 2 be delivered in person or sent by registered letter or courier with certification of the content (e.g. "Application on the basis of Art. 327, para. 1, item 2 of the Labor Code) to the exact address of the employer.