"Employees in this case quite often afraid to change jobs and would rather go to work for free, because they believe that their money will get one while they will not have any problems with the settlement of a credit note and other formalities for the initial employer," says Kateřina Procházková, spokesperson free counseling portal poradnaveritele.cz And what's more, people often did not even know if they have to, in this case respect the notice period and how they can claim their money that the employer owes them.
You can quit immediately
"If your employer does not send the payment for longer than a month and a half after working calendar month, you are entitled to immediate termination of employment, the answer is an unequivocal advocate. The Labour Code is on your side. According to § 56 paragraph 1, letter b) of the Labour Code, have the right to immediately terminate the employment if they have not been paid within 15 days after the expiration of the period of maturity, which is the calendar month following the month in which the work is performed. In other words, payment for work done in the month of April 2015 you have to get reimbursed by the end of May, and if they do not receive or by June 15, you can terminate the employment immediately, "says attorney Mgr. Tomáš Chalupa cooperating with the portal, adding that in case of immediate termination of employment law stipulates a two-month notice period, but employment will end the delivery of notice by employers on termination of employment. So you can not wait to leave.
Immediate termination of employment only in writing
And what's more! Not only do not lose your claim to your employer to pay wages due, but you are entitled to wage compensation amounting to two additional monthly average earnings. What you have to do? His employer must deliver a proper written notice of termination of employment. Attention. Immediate termination of employment an oral form, according to the Labour Code ignored! An essential part of the notice of termination of employment is the precise definition of the factual reason, and this reason may not be subsequently changed.
Notice of termination of employment pass, either personally check from one employer to sign his copy, so it was obvious that he took, or send it to the address of the employer by registered letter with acknowledgment of receipt that you keep it safe. She returned the envelope to you, because it is assumed by the employer? Never mind! "If the employer does not collect the shipment at the post office, it does not change anything. It is according to the law that was delivered and taken over, "he says in one breath Cottage and advises that it is good to have an employer confirmed and an overview of outstanding payments.
Without work and without money - or how to recover
If an employer to his employees within the statutory time limit did not pay wages owed, it is recommended not to wait too long and act. We recommend that employers either sue - called. Proposal for a payment order, or a motion for insolvency if it is for this move met legal requirements.
In the event of insolvency of the employer, then you can ask the relevant Labour Office to reimburse you owed wages. You can ask for wage demands for three months of the vesting period, which is three months before the opening of insolvency proceedings and three months after its launch. The condition is that you are going to work and the employer will owe for that period. Relevant month you choose for yourself, while you specify in the relevant application satisfy your wage claims. Wage demands can be applied no later than 5 months and 15 days retroactively since Labour Office published on its official notice board information on the commencement of insolvency proceedings against the employer.
Sue
Another option is to sue in court, preferably through a lawyer. Is it possible to file a petition for a payment order, which the court shall order the employer to pay the wages owed. If a payment order to the employer fails to respond, then it is possible to refer the case to the enforcement executor. For example, then the executor attaches employer accounts or cashing in his possession. If you opt for a lawsuit, do not even worry about that lawyers pay high amounts for their work. Conversely. Their reward pay your employer that you owed.
Source: tz Counseling veritele.cz