How do I proceed if my employer does not pay wages on time?
March 8, 2023 | 40,00 EUR | answered by Friedhelm Krebs
Dear lawyer,
I hope you can help me with my current problem. My name is Emma Schulz and I have been working in a small company as an office clerk for over a year. In the last few months, I have had increasing problems with my employer, as he has not been paying my salary on time. Normally, I receive my salary on the last working day of the month, but in the last three months, the payment has been delayed and irregular.
This situation is causing me great concern, as I am no longer able to pay my monthly bills and rent on time. I have already spoken to my employer several times about this issue and asked him to pay my salary on time, but so far nothing has changed. I fear that this situation will continue to worsen and I am unsure of the best course of action.
So my question to you is: What legal steps can I take to compel my employer to pay my salary on time? Are there specific deadlines that my employer must adhere to? What consequences could my employer face if he continues to pay my salary late? I would appreciate any advice and hope that you can help me in this difficult situation.
Sincerely,
Emma Schulz
Dear Mrs. Schulz,
Thank you for your inquiry regarding the delayed and irregular payment of your salary by your employer. This situation is certainly very stressful and understandably you would like to know what legal steps you can take to enforce your right to timely payment of wages.
First of all, it is important to know that your employer is obligated to pay you your salary on time and in full according to § 611a BGB. This means that your salary must be in your account on the agreed upon payment date. If your employer fails to meet this obligation, as an employee you have various options to take action against this violation.
In your case, I recommend that you first request your employer in writing and with evidence to pay your salary on time. You can do this, for example, by registered mail or email, and set a reasonable deadline within which the outstanding wages must be paid. If your employer still does not pay even after this deadline, you can take further legal steps.
One option would be to initiate a labor court payment order procedure according to § 2 Abs. 1 Nr. 3 ArbGG. In this case, you can obtain a payment order against your employer, obligating them to pay the outstanding salary. If your employer still does not respond to the payment order, you can file a lawsuit in the labor court and thus enforce your right to timely payment of wages through the court.
It is important to note that if your employer repeatedly pays your salary late, they may also face employment law consequences. Depending on the severity of the violation, this can range from a warning to immediate termination. Furthermore, your employer may also be obligated to pay default interest if they do not pay the salary on time.
Overall, it is important that you take your right to timely payment of wages seriously and, if necessary, take legal action against your employer to enforce your right. If you have any further questions or need legal assistance, I am happy to help.
Sincerely,
Friedhelm Krebs, Attorney
