What to do with overdue wages? Get free advice!

Questioner

I have a 4-week salary. We are paid weekly with an advance. After what time may a final settlement take place? I am employed full-time. After 5 months I quickly lost almost 1000 euros. Is this allowed? Thanks in advance

Lawyer

You write that you have a 4-week salary. I assume that is an agreement. Art. 7:623 BW stipulates that the employer is obliged to pay 'the salary determined by time period' (in your case per 4 weeks) 'each time after the end of the period over which the salary must be calculated on the basis of the agreement, with the understanding that the period for payment is not shorter than one week and not longer than one month'. It follows that your employer must have paid your full salary no later than after each period of 4 weeks, but in any case no later than after each month. Since your employer has not yet paid a portion, your employer is automatically ('by operation of law') in default of payment of this portion. On this website, under the heading 'documents', you will find a sample letter 'payment notice wage claim' with which you can summon your employer to urgently pay the outstanding wages. Based on article 7:626 BW, your employer is obliged to provide a salary specification 'with each payment of the wages determined in money'. Your employer is also in default with regard to this. You can also hold your employer liable for this.