Wages must be paid to the employee on time. If the employer violates the employee’s rights and delays her, he may be held liable according to the norms of the current labor law. It often happens that people do not defend their legitimate interests in such matters. One of the reasons lies in the fact that such situations are quite widespread.
There are many employers who withhold well-earned money from employees. Similarly, a certain background of perception creates that in most cases employees do not sue. That is why people often mistakenly think that such situations are hopeless. However, this is not the case. Such cases are profitable. The main thing here is to enlist the support of a good lawyer.
What you should know about salary payment?
In accordance with the current legislation, wages must be paid twice a month, and the interval between these payments must not exceed 16 calendar days. As for the deadline for the second payment, it is the 7th of the following month. If we are talking about the situation of dismissal, then the salary must be paid on the last working day.
When you are faced with a salary delay, you should know the following:
- if there is a delay in payment, the employee has the right to collect not only the amount of the salary, but also the corresponding indexation;
- when it comes to dismissal, it will be indexation and the average monthly salary for a month of actual payment.
There are also some important aspects that should be known regarding the employee’s appeal to the court in such cases. As for the jurisdiction, it can be the court both at the place of residence of the plaintiff and at the address of the employer. Here you can choose the option that will be most comfortable for you.
The collection of salary can take place in the order of a lawsuit or injunctive proceedings. The important aspect is that no court fee is charged in this category of cases. And for the application to the court itself, a shortened term is provided – 3 months from the moment when the settlement was received.
So, as you can see, the legislators made sure that the employees could defend their rights and legal interests efficiently and effectively. When you experience a delay in the payment of wages, you should not consider this situation the norm, just because of its prevalence. Moreover, there are all the legislative levers in order to solve it in your favor. It is only necessary to turn to specialists who can effectively help in this.
How can we help?
Law office “Prikhodko&Partners” works in various branches of jurisprudence, including labor law. We take care to protect the rights of our clients effectively. If we talk about the key services provided by our team, this includes:
- Consultations. In most situations, the interaction between a lawyer and his client begins with counseling.
- Legal support. This includes, among other things, the service of drawing up a claim statement.
- Representation of interests in court. This service is broader and frees the client from the need to act independently. Specialists make efforts to effectively convey and justify the position of the person whose interests they represent to the court. And, if we talk specifically about our principles of representation, it is always work for a positive result.
Some of the clients choose the third option from this list, and some apply simply to use the service of drafting a claim statement. All these solutions are constructive, so you should orient yourself, depending on your own needs and requests. When you turn to specialists for help, which consists in drawing up a claim for the collection of salary arrears, you get the following advantages:
- The final document will be compiled correctly. It is undertaken by professionals who have been working in their field for many years.
- You will not have to research the legislation on your own. We will guide you in the legal issues you need, so there will be no need to independently search for the necessary legal norms to support your legal claims.
Get in touch. We will prepare a statement of claim so that it is not templated, but adapted specifically to your situation. And this is already a big contribution to winning the case.