How can I receive outstanding wages and final settlement?


Questioner

I worked at a catering business until February of this year. This was sold to a new owner in February of this year, after which he would renovate the business for a month. This became longer and longer, in the end it took 3.5 months before the doors were opened again. My old boss assured us that the new boss would also have to pay us for the months that he could not have us work, since our contracts were still running (0-hour contracts, where I worked an average of 12.5 hours from December-January-February) and that he would then take them over since he left the business destination the same and wanted to keep me employed (?). The contract was signed in December 2020 and ran until December 2021. My new boss never paid me during the months he was closed and never brought it up again. I then started working in June. I was never offered a written contract, the hourly wage remained the same and the first pay slip even came from the same accountant as the one my previous boss used. I received the salary and pay slip for the month of June, albeit later than agreed. After this I did not receive any more pay slips and I verbally resigned at the end of August because I did not trust the way my new boss was acting. This was well received by my boss (he also understood that he was making a mess of things) and the remaining hours worked + pay slip would be sent and paid as soon as possible. After insisting, I received the salary for July at the beginning of September. I have not seen the pay slips for July + August to date, and the salary for August has not been transferred to date (after several reminders). Long story short: I have to receive two pay slips to date (July & August) and the salary for August. I just don't have a written contract so I don't know to what extent I can do something about this. I also wonder if my new boss had a payment obligation for the months in which he was renovating (two months longer than planned) and he didn't pay us anything. Kind regards!

Lawyer

You could claim the outstanding wages and pay slips in summary proceedings from the acquiring employer. It is very likely that your employment contract has been transferred to the new employer by operation of law (automatically), even though you have not signed anything. Do not wait too long to take steps, otherwise this could have a negative effect in a possible procedure. I can assist/help you if necessary. Please feel free to call without obligation to discuss.

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