Claims for Unpaid Wages

It is no secret that, despite many workers’ fears about seeking protection of their rights, in most cases the employee is right before the court. Another reason to bring a claim is that no state fee is payable by the worker or employee in employment cases, and the costs of the proceedings are awarded against the party that loses.

Some of the most common grounds on which a worker may sue an employer are:

• Unpaid wages. To terminate an employment contract without notice, the employer must have delayed payment of at least one monthly wage or compensation due under the Labour Code or social security legislation. First, the worker must notify the employer in writing that they wish to terminate the employment contract under Article 327(1)(2) of the Labour Code. After receiving notice, the employer must issue an order terminating the contract, stating the wages accrued but unpaid, the amount of compensation due under Article 221(1) and the compensation under Article 224(1) of the Labour Code. The order must be served on the worker.
• Occupational accident. To establish incapacity for work and a causal link between it and the specific accident, the following documents are required:

– A medical certificate for temporary incapacity for work, where the worker is expected to recover from the accident, issued after a clinical examination by the treating doctor or dentist, a Medical Advisory Committee (LKK), a Territorial Expert Medical Commission (TELK) or the National Expert Medical Commission (NELK). The employer must notify the relevant territorial unit of the National Social Security Institute (NSSI) within three days of the accident.

– An expert decision by TELK or NELK for permanent incapacity for work, where the worker is not expected to regain the ability to work.

– In the event of death, a doctor establishes it by issuing a death notice, on the basis of which the civil-registration authorities issue a death certificate within 48 hours.

• Unlawful dismissal. For an employee’s claim for compensation for being left without work as a result of unlawful dismissal to be granted, the dismissal must be declared unlawful and set aside by a final court decision.

If you have questions about employment law, it is advisable to seek advice from a qualified and experienced lawyer who works in the field of employment relations.