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Have you not received your salary in full? Or is part of it missing, such as overtime pay, evening bonus, or holiday bonus? Always raise the issue with your employer immediately. This often helps.
Ask your employer about your wages first
Always start by asking your employer about the missing pay. Sometimes it may be a human error that can be easily corrected.
Send your employer a claim (e.g., by email) or a question about the outstanding pay. A written message often works better and makes it easier to follow up on the matter if necessary. If you wish, you can also use the actual wage claim form.
State the period for which you believe wages are missing and how much. You can also submit a claim for interest on arrears.
Request payment within a specific time frame (e.g., within one week).
Ask your employer to respond in writing and provide justification if they dispute your claim.
Did you not receive your wages when your employment ended? You can claim wages for the waiting period
When an employment relationship ends, the pay period also ends. This means that the employee must be paid all wages arising from the employment relationship, including vacation pay. The employment contract or collective agreement may stipulate that the final salary can be paid within a certain period after the end of the employment relationship.
If you do not receive your final salary on time or if part of it is missing, submit a claim to your employer as instructed above. In addition, submit a claim for wages for the waiting period.
The employer is obliged to pay the employee wages for the waiting days, but for a maximum of six days. If the unpaid wages are not clear and undisputed, or if the delay in payment is due to a calculation error, the employee is only entitled to wages for the waiting days if they have notified the employer of the delay within one month of the end of the employment relationship and the employer has not paid the amount due within three working days of the notification.
Do you suspect that your employer is insolvent? Apply for pay security
If it appears that the employer is unable to pay wages – for example, if the company has gone bankrupt or is otherwise experiencing financial difficulties – it is important to submit a claim to the employer and also submit a pay security application to the KEHA Center.
Pay security is paid for claims arising from the employee’s employment relationship when the employer goes bankrupt or is otherwise insolvent.
Here’s what to do:
Apply for pay security as soon as possible – you must apply for pay security within three months of the pay becoming due. Please note that each pay claim becomes due independently.
Fill out the application carefully and attach the necessary documents.
If your employer does not pay despite your request, contact Lakikaveri
If your employer does not pay your outstanding wages despite your request or disputes your right to wages, contact Lakikaveri. Provide the lawyer with the relevant documentation, in particular the claim you have submitted to your employer and any response you may have received.
Lakikaveri can provide you with advice and, if necessary, help you calculate your outstanding wages.
Wages are subject to a statute of limitations. In practice, this means that if you do not claim your wages on time, you may lose your right to them. For this reason, it is important to resolve wage claims quickly.
The main rule for expiry during employment:
During employment, wages expire five years after they become due.
During employment, claims based on the Working Hours Act and the Annual Holidays Act expire within two years of the end of the calendar year in which the claim should have been paid.
Limitation period after the end of the employment relationship:
Claims expire if no claim for unpaid wages is filed in a district court within two years of the end of the employment relationship.
Claiming unpaid wages in court
If the wage claim cannot be resolved amicably, the employee may file a lawsuit against the employer in a district court. The lawsuit will determine the employee’s right to wages.
Legal proceedings are always a last resort, and the risk of legal costs should be carefully considered before initiating them.
It is a good idea to discuss the matter with the Lakikaveri, who can provide a legal assessment of the case and also advise on legal costs. Under certain conditions, YTK Worklife members are entitled to legal expenses insurance covering legal costs up to 10 000 €. The member’s deductible is 15%, but always at least 250 €.