Wednesday May 25, 2022

Do you pay an employer? How to get to pensions

If you have a written employment contract and you work, the employer is obliged to pay for it. Unpaid wages are a reason for immediate termination of employment by the employee. tete, what are you looking for and how to proceed.

Kamila Hoov worked in Ostrava companies as a call center operator. She was interesting for her work, she enjoyed it, she was even chosen several times as the best operator of the company. But this year in trouble-free problems. Vplata za nor na et nepila. And so all the employees asked when they would receive the pension.

“Going on February 29, he promised that the payments would be sent in the near future, ie immediately after the Easter lights,” said Kamila Hoov. Only the payments were not even after Easter, but they will definitely be available by April 15. “Our enthusiasm assured us that it is in business, the company continues to operate, we do not have to be and we have to devote ourselves to our work responsibilities,” she described her event to the employees.

And so she worked for a long time, only on April 11, the company was employed by an employee of the power plant and disconnected from electricity, because the company did not pay the invoices. But f stle promised that the salaries would be electrically involved.

Two days later, she drank another bag and gave some information. “The leader said that the company will either act on its own or that it will have to be employed by the employer,” said Hoov. And so, in the end, all employees filed the notice themselves, more precisely, they immediately terminated their employment, according to 56 par.

When the employer does not pay you, you can dt vpov

“Employees proceeded first when they immediately terminated their employment,” said Pavel Nastis, a lawyer. “Pursuant to 56 para. In such a case, the employee is also entitled to the payment of wages in two lower average installments.

Remuneration is payable after the performance of the work, at the latest in the calendar month following the month in which the employee first became entitled to a wage or salary or one of their components. Thus, an example: the employer is obliged to pay the fee for the MSc standard until the end of the year. If he does not do so even by April 15, he has become late with the payment of wages or salary and you have the first immediate termination of employment due to non-payment of wages.

The notice must be in writing and must be delivered to your employer. “Delivery can be done either in person or by sweat, in which case I recommend sending the delivery by registered mail with a delivery note, so that it is clear which day the delivery was delivered to the employer,” said lawyer Pavel Nastis. As he adds, if the employer refuses to take your notice, it doesn’t matter, it’s really as if the notice was delivered. “It is good to have the employer confirm the overview of long-term wages,” the lawyer recommended.

Fear that the employer will not be paid?

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Debt wages pay me ad work

If the employer owes the wage, you have the opportunity to claim the debt claims for a number of jobs. “The condition for the bag is that the insolvency petition is filed for the employee, ie for the employer,” the lawyer explained. The insolvency proposal can be submitted by both the employer and any of his creditors, including employees.

Wage claims can be claimed no later than the first month and 15 calendar days following the day when the ad published on the notice board the court’s information about the employer, a moratorium was imposed on his property before the insolvency proceedings were initiated or an insolvency petition was filed.

You can apply for wage claims in any series of work, namely in writing. You can get the forms “enough about satisfied wage claims” and “Doloen wage claims of employees” to work or you can download them from the MLSA website here.

Wage claims can be applied at most to the extent of the corresponding wage claims for the time of the calendar month of the decisive period. The decisive period according to the law is the month in which the insolvency proceedings were started, according to the three months preceding this month and thus the three calendar months following the month in which the insolvency proceedings were started.

“ekejte,” vzkzal ad prce zamstnancm

But he’s going back to our case. Kamila Hoov and together with eight other employees filed a notice, ie more precisely, they canceled their immediate employment due to unpaid wages and turned to their employees with their wage claims. “They just said that we have to wait,” said Kamila Hoov. “We don’t know what to do, we are without a crown. Can’t anyone help us? ” pt se.

Is there a problem with you? “As of that date, the regional branch of the labor line for the capital city of Prague, which according to the city is legally satisfied to meet the long-term wage claims of employees, has a total of fifty enough,” said Ji Reichl. According to his appearances, those were quite confessed. “With the remaining 46, the employer has not yet sent the necessary documents to satisfy the length of wage claims,” ​​Reichl explained.

The claim must be confirmed by the employer or insolvency administrator

According to the Bank for the Protection of Employees in the Event of Insolvency (Kon. 118/200 Coll.), The Labor Office has set deadlines for satisfying the length of employees’ wage claims. The employer must first ask the employer or insolvency administrator to submit a list of long-term wage claims.

“If the employee’s requirements are unquestionable, ie if they are in accordance with this list, then the work within ten days from the submission by the employer or the administrator will notify the employee of the term and method of satisfaction,” explained Nastis.

However, if the claims are disputed or, for example, the employer or the insolvency administrator has not submitted lists of lengths of wage claims at all, then he decides on the employees’ years of employment in the classic administration. “According to the law, the expiration date is enough for 30 days, in rare cases 60 days,” said R Reich Reich.

“In this case, there is really no question of the end of the first proceedings, but in this exceptional situation I recommend to apply for one of the social courts,” advised lawyer Pavel Nastis.

Remember:

  • Remuneration is payable after the performance of the work, at the latest in the calendar month following the month in which the employee first became entitled to a wage or salary or one of their components.
  • If the employer has not paid the wage or salary or the payment of wages or salary or any of them within 15 days after the expiry of the maturity period, you must first terminate the employment immediately in accordance with 56 para.1 psm.b) Finally.
  • Immediately cancel the employment relationship with your employer, either recommended for delivery or hand it over to your own workplace. Ask your employer to confirm the overview of long-term wages.
  • If the employer is in default and insolvency is brought against him, you can apply for a long-term wage claim for work. Submit enough in writing, you can download the formula on the website of the Ministry of Labor and Social Affairs here.
  • If you have any problems with your employer, do not hesitate to contact the labor inspector. You can contact him in person, by phone or by e-mail.
  • You can also contact the Citizens Advice Bureau with questions about the first job.
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