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Publication date: 08.05.2024
Lawyer
Salary is one of the most important guarantees for employees provided by labor law. However, unfortunately, cases of non-payment or delay of wages occur quite often. In such a situation, the employee has the right to apply to the court for the collection of salary arrears. In this article, we will consider the main points related to the collection of wages through court, and we will emphasize the importance of knowing your rights and being able to defend them in court.
Collection of debt from wages through court is one of the main ways to protect labor rights. If the employer does not pay the wages, the employee has the right to apply to the court with a claim for the collection of arrears from the wages. The court procedure provides for proving the fact of labor relations, the amount of debt and non-payment of wages.
Recovery of wages through court is an effective way to protect the rights of employees. For this, it is necessary to submit a claim to the court at the location of the defendant (employer). The application should clearly indicate the amount of salary arrears, the period for which it has not been paid, as well as justify the requirements with references to the relevant legislation.
During the judicial review of the case, the employee has the right to submit evidence confirming the existence of labor relations and non-payment of wages. It can be an employment contract, time sheet, billing information, payment documents, etc.
If the court considers the employee's claims to be well-founded, it will issue a decision on the recovery of wage arrears
from the employer. In case of non-payment of the debt after the court decision has entered into force, the employee can apply to the state executive service for forced collection of the arrears from wages.
It is important to remember that when collecting wages through the court, the employee can also demand compensation for the delay in the payment of wages in the amount established by law. In addition, the employee has the right to reimbursement of court costs related to the consideration of the case.
Collection of unpaid wages can be carried out during the statute of limitations, which is 3 years from the moment when the employee learned or should have learned about the violation of his right to receive wages.
It should be noted that in order to resolve the issue of salary arrears without going to court, the employee may try to reach an agreement with the employer through negotiations or with the help of a trade union or other employee representative bodies.
If it was not possible to resolve the issue peacefully, applying to court to collect wages is an effective and legal way to protect your rights. At the same time, the employee must comply with the rules and procedures established by law, as well as ensure proper proof of his claims in court.
Therefore, recovery of wages in court is an effective mechanism for protecting the rights of employees in case of violation of their labor rights by the employer. At the same time, before going to court, you should try to resolve the issue amicably, which can help save time and money for the legal process.
