Was your salary paid in two installments? Ask us!

Questioner

Is it possible for your employer to pay you twice a month? First 70% and 2 weeks later 30%.

Lawyer

It may be so, as you may have noticed, but I think you wanted to ask whether the employer has the right to pay your wages in two installments. That depends on when both payments are made and what is stated in your employment contract. However, it is not common and usually indicates payment problems with the employer. The employment contract usually states something like: 'The employee's salary will be transferred to the bank or giro account number specified by the employee on or around the 25th of each month.' For the month of July, August 1 is the last - legal - payday (art. 7:623 BW). If the employer pays later, he will have to pay you a fine. To do this, you must send him a registered letter (on the last payday) in which you urge the employer to pay the wages, under penalty of the additional increase referred to in Article 7:624 of the Dutch Civil Code. If you think your employer plans to continue paying in two installments, I would advise you to ask an employment lawyer to summon your employer on your behalf to pay your wages on time from now on.

Lawyer

In itself it is not prohibited to pay salary in 2 parts, as long as it is done on time. It is customary for the salary to be paid before the end of the period worked, but this may be deviated from in a collective labour agreement or employment contract (by a maximum of 1 month). Thus 7:623 BW paragraph 2. In the event of late payment, you can send the employer a registered letter about the outstanding gross salary / holiday pay / travel expenses, etc. (and also send the letter by email). Below you will find an example text. In it, you also state the statutory increase that can amount to 50% (you can look up how this is calculated in the article of law mentioned below in the letter, but you do not have to state the amount yet) and the statutory interest. If a letter does not help, summary wage claim proceedings are necessary. Another option is to threaten to file for bankruptcy if the letter does not help. This often works well as a means of pressure. If not, the application can be continued. I recommend only taking this route after consulting an employment lawyer. Labor law is my specialty and I am happy to help you with this. Please feel free to contact me without obligation. EXAMPLE: You have wrongly not paid part of my salary. I therefore summon you to proceed to immediate payment - at the latest within 8 days from today - of the outstanding gross salary / holiday pay / travel expenses (with provision of pay slips). Furthermore, I claim the statutory increase pursuant to article 7:625 BW on all claimed salary amounts. I also hereby notify you of the statutory interest on the sum of the aforementioned amounts until the date of full payment. In the absence of timely payment of the above, I will, without further notice, have you brought to court by means of a wage claim to be instituted in summary proceedings, the costs of which will be at your expense. In order to ensure that this letter reaches you in good order, I am sending it to you both by email and by registered mail. Yours faithfully,