Do you Need Legal Help if the Employer Refuses to Pay a Salary
April 3, 2018
It is important to know how to get an unpaid salary. A delay on the part of the employer to pay you a pay due is enough to be able to bring your claims to court. Our criminal lawyers in toronto are here to guide you through the process if you are in need of legal help.
Only when your employer suffers from financial difficulties that prevent him from paying the full salary he may pay you 60 per cent of the agreed wage, but not less than the minimum wage. The remainder to the full amount remains due, along with the LEGAL INTEREST.
In this case, you have the right to terminate the employment contract without notice.
The order in such circumstances is as follows:
You notify the employer, he / she is obliged to issue an order for termination of the employment contract, describing the outstanding salaries, the amount of the benefits. You are entitled to compensation at the amount of the gross remuneration for the period of the notice – in the case of an indefinite employment right – and to the amount of the actual damages – in the case of a temporary employment relationship. You are entitled to compensation for the unused paid annual leave for the current calendar year
The order should be handed to you.
If the amount of the indemnities mentioned above, as well as the outstanding remuneration, are not described in the Order, sign the same, and write your objections (not the due fees, the benefits due, etc.)
If the employer does not pay you voluntarily, the due wages and benefits will have to be searched for by the court. Apply for a statement of salary, pay and non-paid salaries and benefits to the employer. If he does not cooperate with you and refuses to issue an extract, file a Complaint with the Labor Inspectorate. Your employer bears the administrative responsibility for failing to fulfill his obligations.
Cash receivables due to employers due to employment may be sought by employees in two ways – both in court. One is the common law order and the other method is the order of procedure provided for in the Civil Procedure Code for the collection of monetary receivables that are not contested by the debtor. In the general claim, the employee should file a petition within 3 years from the date on which the due payment was due to be made.
Wage claims are exempt from state fees and may benefit from the order of expedited proceedings. Upon satisfaction of the claim, all costs incurred by the employee in the case, lawyer’s fees and expert’s account should be reimbursed to him by the other party to the case – the employer. If the employer is in danger of becoming insolvent, you can ask the court to impose security on your claims on the property, cars, goods and inventory of the employer.
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