.svg){kind=small}
.svg){kind=small}
Wage claims
Wage claim: what does it entail?
A wage claim is a legal procedure in which an employee requests his employer to pay overdue wages. In the Netherlands, an employer is legally obliged to pay wages on time and in full, as agreed in the employment contract. If an employer fails or refuses to do so, an employee can file a wage claim to still receive the wages due. This may relate to the regular monthly wages, but also to holiday pay, overtime hours, bonuses or other terms of employment that involve financial compensation.
Situations where a wage claim is necessary
A wage claim may be necessary in several situations:
- Non-payment of wages: the employer does not pay the agreed wage or does not pay it in full.
- Late payment: wages are structurally paid late.
- Dispute about wage level: the employee and employer have a disagreement about the level of wages or about awarding variable rewards such as bonuses or commissions.
- Reduction of wage: the employer has unilaterally reduced the wage without the employee’s consent.
- Unpaid leave or sick leave: in case of illness or leave, the employee is often entitled to continued payment of wages (usually 70% in case of illness). If the employer fails to comply with this, a wage claim may be necessary.
Why an employee should hire an attorney for a wage claim
Filing a wage claim can be a complex legal procedure that requires specific knowledge of employment law.
1. Legal expertise and advice
As an attorney, I specialise in employment law and can advise the employee on his or her rights and on the best approach to claim back wages. The legislation surrounding wage payments is specific.
2. Correct and complete claim
I ensure that the wage claim is drafted correctly and completely. This includes not only basic wages, but also holiday pay, unpaid overtime, compensations.
3. Statutory increase and interest
If wages are not paid on time, the employee may be entitled to a statutory increase (penalty) of up to 50% of the overdue wages. The employer may also be obliged to pay statutory interest on the unpaid amount.
4. Negotiation and legal proceedings
In many cases, I can help reach a solution outside the courtroom by negotiating with the employer on behalf of the employee. If the case does go to court, I will represent the employee during the legal proceedings and put the case strongly.
Consequences of inaction
If an employee does not take steps to claim back wages, there can be serious financial consequences. In addition, a wage claim lapses after five years. This means that if an employee waits too long to claim his wages, he may lose his right to payment.
Conclusion
A wage claim is a powerful legal tool for employees to secure their right to timely and full payment of wages. Since employment law can be complex, timely engagement of a an attorney is vital to help the employee claim their rights, conduct any negotiations, and prepare a solid case for possible litigation. This can increase an employee’s chances of successfully receiving overdue wages, including increases and interest.
Wages not paid on time?
Not receiving your wages on time? Then call on me! As an employment law attorney in Amsterdam, I specialise in helping employees facing wrongfully delayed or overdue salary payments.
The information on this page is for informational purposes only and should not be considered specific legal advice. For personalized advice, please contact Ok Legal. Please note that the content of this page may change without notice and Ok Legal is not liable for any inaccuracies and/or missing information.
