Wednesday, April 21, 2010

What recourse do I have if my employer hasnt paid me on time for 3 months


What recourse do I have if my employer hasnt paid me on time for 3 months?
I live and work in Amsterdam, Holland. My employer currently pays for my rent, however for the past 3 months they have paid me late. I am now due my 8% annual bonus and they are again, late paying. They are offering me a mere 100 euros as a gesture of kind, but my question is, why does my employer not allocate salaries from the start of the year? This is a fixed overhead. To make matters worse, I see them putting 'expenses' through the company accounts that are nothing to do with our company. What action can I legally take against my employer? Is it right that they can (for example) visit the Monaco grand prix on a hired yacht when they don’t pay salaries? Will the 100 euros cover all the charges I will incur the UK due to late payments? Can anyone help me
Law & Legal - 1 Answers
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1 :
Do you have judische/rechtsbijstandsverzekering insurance? It's a form of legal aid (insurance) not mandatory but if you have it then you can seek legal advice via the insurance company free of charge. If not then you can also see advice (free) from http://www.juridischloket.nl/Pages/default.aspx. You can call them on 0900-8020 or send an email via the contact page http://www.juridischloket.nl/contact/Pages/default.aspx They wil advise you of your rights and what you can do & how. On a practical (non legal basis) I can try to offer a little advice (a) - should you accept €100 in lieu of the 8% holiday pay = No. You have a right to this money as part of your salary which is accured during the year and therefore a gesture of €100 is not acceptable so don't accept anything until you have sought advice, (b) why can they not allocate salaries from the begining of the year = in most companies this simply would not be a practical measure and especially for those ones with limited liquidy. They rely in income (invoices, sales etc) to be able to pay monthly costs including salaries. So it is not reasonable to expect them to accure one of their biggest outgoings on a yearly advance basis - however - this is no excuse for deferred payment and I would also seek advice about this point also (c) accounting and spending - practically speaking, how they spend their money of course is not up to the employees - but I can well understand your POV Get on the phone tomorrow morning and get help so that you have two feet to stand with. The act on the basis on this advice carefully Wishing you luck :0)