What do I do if my boss doesn’t pay me the settlement – find out here
Unfortunately, nowadays it is increasingly common to find ourselves in situations where our company does not pay us the salary, or take a long time to do so. Even worse can be when we are not paid the settlement. But is this legal? Regardless of whether you know the answer or not, you are likely to have other doubts, such as if you should complain. Although, with these doubts, fears also arise, such as thinking that, if you do, the situation could get worse.
That’s why, in this article from a info-grinik, we are going to explain everything you need to know if you find yourself in that case. Read on to find out what I do if my boss doesn’t pay me the settlement.
When is the settlement paid?
The settlement is a document signed by both the worker and the company where they agree to the end of the contract. As a general rule, the settlement is given in hand the same day you are going to sign it, although there is also the possibility that they prefer to deposit it in your account, or that they give you a check so that you can go to the bank to exchange it.
Talk to your company or Human Resources
There is always the possibility that it was a mistake. Therefore, the first thing you should do is talk to your boss or Human Resources, depending on how your company works. Try to do it, of course, in the most respectful way possible. Don’t be defensive so quickly. If you do it and it’s all about a simple mistake, you could run the risk of not really being paid, although it shouldn’t be so.
Ask him poliately, then, if there has been any error, since you have not received any settlement. Depending on what I tell you, or if time passes and you still do not receive your settlement, you will have to do what we will show you below.
My boss doesn’t pay me, what can I do?
By law, the company is obliged to pay you. If they don’t have money, they must ask for it by requesting a bankruptcy to calculate what they owe and help them pay all payments. Of course, the salary of the workers goes first.
Thus, if your boss does not pay you, keep in mind, first, that it is not normal or legal, so you would be entitled to claim your settlement from the sixth day of the month following that which it should have been collected. However, you could not file a complaint, as we will explain later, since it should take at least 3 months for this.
They don’t pay me the settlement and I’ve signed it
After three months, you already have the legal right to file a complaint. Of course, you can file a complaint earlier, but it is something that lawyers do not recommend, since this early action could bring more consequences than benefits.
However, regardless of this right of yours, you should know that you will always have 12 months to claim the uncollected settlement, as well as any other non-payment within it.
Report a company for non-payment of settlement
Making this type of complaint is also called an order for payment procedure, and it is regulated by the Civil Procedure Law. If what they owe you is less than €2,000, you won’t need any lawyer for the trial, but it will be the court clerk himself who studies the case. To report your company for non-payment, you must follow the following steps:
- File a request for a complaint with the Court of First Instance of the debtor’s domicile or, failing that, where you think he lives.
- The judicial body will transmit the complaint to your boss and give him 20 days to pay you or to oppose it.
- If your boss still doesn’t pay, one of these two things will happen: either a trial will be held, or the property will be seized.
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