Legal Advice on Wage Payment and Final Settlement

Questioner

Hello, I have already asked several questions here regarding my husband's now ex-employer. At the moment we are dealing with the following. My husband's last day of work was April 26th. His boss came to tell him 5 minutes before the end of the day that his salary had not been transferred (at that company we were paid weekly). He did not agree and after a lot of asking/begging/nagging we received an amount but not his normal weekly salary. It was also said that all the remainder of the final settlement would arrive on Monday the 30th. It did not arrive. I called on Tuesday May 1st. Yes, all sorts of things had come up, she had the paperwork in front of her and they were still working on a gratuity. It would definitely have been transferred on Thursday. Also on Thursday at half past four nothing had been transferred called but no answer, 5 minutes later. only almost 1 week's wages had been transferred, minus a few cents. Asked for an explanation and then the answer was that they were still waiting for the exact amount. We knew that they outsource the calculation of the final settlement to an accountant's office. Now the promise was early next week, that should then be yesterday, today. But we have a hard time with this. So the question is can we do something about it because I thought the rules were. That the final settlement must be paid with the last salary, this should then have been last Thursday, May 3rd for us. Please advise here!!

Lawyer

The final settlement is usually made at the same time as the last wage payment, but is not mandatory. The law is unclear as to when this final settlement must take place. The fact is that the employer must pay your wage payment on time and in full. You can also send him a written notice of default, stating the statutory increase and statutory interest. If you cannot reach an agreement, I will be happy to look into your case.