Making a wage claim: payment letter, evidence and proceedings

Making a wage claim: payment letter, evidence and proceedings

Missing salary requires a verifiable calculation and a clear next step. A wage claim can concern an entire month, too few paid hours, holiday allowance or a cao supplement. First establish the difference between pay due and pay received. Then investigate the reason, urgency and whether ordinary proceedings or an interim urgent order may be needed.

Make the claim clear by pay period and component.

The statutory increase for late payment and statutory interest are separate entitlements.

Dismissal can involve court deadlines far shorter than ordinary wage limitation periods.

What exactly is missing?

Compare contract, cao, payslips, hours records and bank statements. Record gross pay due each month, what has been processed through payroll and what was actually paid. An inaccurate payslip is not the same problem as a correct slip without bank payment. Check holiday allowance, agreed bonus, overtime and deductions too. If uncertain, use a separate “further substantiation needed” item rather than adding an unclear estimate. This shows which amounts are established and which need discussion.

Request the reason for the difference in writing

An administrative error, disputed hours and a sick-pay measure require different arguments. Ask which specific basis the employer relies on and for which period. Set-off requires identifying the alleged counterclaim and whether set-off is permitted. During illness, pay suspension and stopping entitlement to pay differ. Do not simply state that nothing arrived: respond to the stated reason too. Keep each answer with the attachments relied on.

Send a targeted payment letter

Identify pay periods, amounts or calculation method, missing payment and the request for a correct payslip. Set a specific reasonable payment deadline and request substantiation if disputed. Preserve claims for statutory increase and interest where appropriate. Send it with provable receipt. For older entitlements, have the letter checked for valid interruption of limitation. An unclear request to “look at everything again” is less useful than an explicit claim for specified wage arrears.

Structure of a concrete payment letter

“Under clause [number] of my contract, salary for [period] fell due on [date]. I received [amount]; [gross component and amount] remains unpaid. I request payment and a corrected specification by [appropriate date]. Please provide the basis for any deductions in writing. I reserve my claims to the statutory increase and interest.” Enter only verifiable details and discuss urgency or a disputed basis with an adviser.

The statutory increase is not automatically fifty per cent

For attributable late salary payment, the statutory increase can rise by five per cent per working day from the fourth through eighth working day and then one per cent per following working day, capped at fifty per cent. The court may reduce it. Treat that maximum as a possible legal limit, not a guaranteed result. Calculate for each relevant payment deadline and establish which components count. A settlement should specify whether an amount includes increase and interest or is additional. The statutory increase therefore does not start on the very first day of delay. Keep the payment due date and the following working days clearly traceable in your calculation.

Calculate statutory interest separately

Interest compensates elapsed time on an enforceable money debt and serves a different purpose from the increase. Rates may change by period; use applicable non-commercial statutory interest and check commencement dates. A fixed rate once seen in a sample letter is unreliable for every year. Distinguish gross and net cash flows carefully. Request a payment specification showing principal, increase, interest, costs and any outstanding balance.

Which proceedings suit your situation?

A wage claim may be brought before the subdistrict court, where a lawyer is not compulsory. Urgent summary proceedings can provide interim relief. Ordinary substantive proceedings seek a final decision and may be needed for extensive evidence disputes. Gather evidence of urgency, such as several unpaid salaries, without needlessly sharing private information. Discuss court fees, bailiff costs and litigation risk. A favourable ruling does not automatically mean immediate recovery from an insolvent employer.

Do not confuse limitation with dismissal deadlines

Wage claims generally become time-barred five years after becoming due, with possibilities to interrupt limitation. A disputed dismissal may nevertheless need an annulment application within two months. Notification compensation and transition payments have separate expiry deadlines. A letter interrupting wage limitation does not preserve those other deadlines. Establish whether you seek only money or also need to challenge employment ending. Negotiating without deadline control can otherwise irreversibly harm part of your position.

Example: arrears paid without a clear account

After your letter, the employer transfers one thousand euros, while your calculation also includes holiday allowance and overtime. Do not automatically treat it as full settlement. Ask which months and components were paid and request a corrected payslip. Update your overview and confirm the balance you still claim. Read any proposed final discharge before accepting. A practical settlement should clearly identify payment date, specification, remaining entitlements and consequences of non-payment.

Collect contract, cao, payslips, hours records and bank payments.

Calculate principal by period and identify deductions separately.

Send a specific payment letter with evidence of receipt.

Have urgency, statutory increase, interest, limitation and dismissal deadlines assessed.

Must I instruct a lawyer?

A lawyer is not compulsory before the subdistrict court. Expert help may nevertheless matter for evidence, calculations, procedure and deadlines.

Can I stop working if salary is unpaid?

Do not do so without a specific assessment. Suspending work obligations may be possible in some circumstances, but an incorrect step can create new risks.

Will I always receive fifty per cent extra?

No. Conditions apply to the statutory increase and the court can reduce it. The maximum is not a guaranteed outcome.

What if the employer cannot pay?

Promptly investigate structural inability to pay and a possible UWV wage-guarantee arrangement. An ordinary payment promise may then be insufficient.

Sources and editorial notes
Sources current as of: October 17, 2026
1. Rijksoverheid: wage payment and the statutory increase
Publisher: Rijksoverheid
https://www.rijksoverheid.nl/themas/werk/ontslag/vraag-en-antwoord/arbeidsovereenkomst-en-cao/wanneer-betaalt-mijn-werkgever-mijn-loon
2. Rechtspraak: wage claims
Publisher: Rechtspraak
https://www.rechtspraak.nl/onderwerpen/loonvordering
3. Rijksoverheid: statutory minimum wage rates in 2026
Publisher: Rijksoverheid
https://www.rijksoverheid.nl/themas/werk/minimumloon/bedragen-minimumloon/bedragen-minimumloon-2026
The source publications are in Dutch. All language editions cover Dutch law.