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1. When should wages have been paid?
First check the agreed pay period and what the contract and cao say about the payment date. Monthly, four-weekly and weekly pay produce different dates. Do not only consider the day last month’s salary happened to arrive. If payment arrangements change, ask for the written agreement and have any departure from the usual timing assessed for validity.
Then make a short factual overview: the period, expected gross wages, due date and actual payment. A payslip does not prove the money reached your account. Conversely, a part payment without a clear description may leave uncertainty about which month was paid. Keep bank evidence and request an itemised explanation of every correction.
2. Separate gross salary, hours and individual components
Start with fixed wages and agreed working hours. Then compare hours worked, overtime, irregular-hours supplements, commission and any cao increases. An allowance may end under conditions while basic salary remains due. Identify the agreement or cao provision used for each item. An error in the job classification may affect several pay periods.
Keep gross sums, net payments and expense reimbursements separate. You cannot simply add them into one net wage claim without calculation. Also check holiday allowance, pension deductions and reserves in flexible work. Ask for a corrected payslip if the breakdown is wrong, so tax, benefit information and later comparisons do not keep relying on the same error. An advance already paid should be visibly accounted for in the final calculation.
3. Why has the deduction been made?
Ask the employer specifically why it is not paying. Does the payslip show a suspension of payment, loss of wage entitlement, or an offset for damage or training costs? Each situation has its own conditions. An employer cannot simply deduct every disputed damage item from salary. Ask for the basis, amount and when the measure was notified.
During illness, the distinction between suspension of payment and loss of wage entitlement matters. Suspension may concern missing information needed to verify entitlement; loss of entitlement may concern failure to meet statutory reintegration obligations. The solution can therefore differ. Continue demonstrably cooperating insofar as this can reasonably be required and promptly have an announced measure assessed. An incorrect term in an email does not make the substance clear.
| Element | Purpose | What should you record? |
|---|---|---|
| Unpaid wages | Agreed pay that remains outstanding. | Pay period, agreed gross amount, payment date and amounts already received. |
| Statutory increase | A possible increase for late payment attributable to the employer. | Working days of delay; a court can reduce the increase. |
| Statutory interest | Compensation for delay in payment. | Amounts and dates due, with the applicable interest rates. |
| Other entitlements | For example, unpaid allowances, hours or holiday allowance. | The separate basis in the contract, collective agreement or legislation. |
Do not simply add everything together. First check which claims exist, when each became due and what has already been paid.
4. Request payment in writing
Send a businesslike request identifying the missing periods, amounts where known and agreed payment date. Ask for payment and an itemised response within an appropriate time. If urgent, identify essential expenses you cannot meet. Leave personal accusations out: the reader should immediately understand which money is missing and the basis of your claim.
Keep the text sent and evidence of delivery. Do not sign a statement giving up further claims in exchange for part payment without assessment. If the employer proposes instalments, record the total, payment dates, handling of payslips and consequences of non-compliance. The arrangement must be clear enough to check later.
5. Assess the statutory increase and interest separately
Attributable late payment may trigger a statutory increase. The statutory build-up is 5% per working day for the fourth through eighth working days and then 1%, up to 50%. The court may reduce it. Do not calculate as if every delay immediately guarantees an extra half of your salary.
Statutory interest may also be relevant. The increase, interest and principal each have their own calculation. Start date, type of wage component and circumstances matter. For arrears spanning several months, have each period calculated separately. Keep evidence of payments because an interim payment can affect the remaining principal and interest calculation.
6. A wage claim or urgent proceedings
If payment does not arrive, discuss a wage claim at the subdistrict court. Proceedings can concern wage levels, worked hours, invalid deductions and related entitlements. Where urgent, interim relief proceedings, or kort geding, may fit. It is not enough merely to believe you are right; you must be able to substantiate the claim and urgency sufficiently.
A lawyer is not compulsory at the subdistrict court. Expert assistance may still be necessary with evidence, a sickness dispute or a counterclaim. Bring an overview with contract, cao, time records, payslips, bank payments and correspondence. Do not stop work yourself to apply pressure without advice: a new dispute about your obligations may arise alongside the existing wage arrears. A wage claim generally has a five-year limitation period from when payment becomes due. For older months, do not wait for a final settlement: have a sufficiently clear written demand and proof of receipt checked so that limitation does not continue unnoticed.
7. If the employer cannot pay on an ongoing basis
With lasting payment incapacity, UWV may take over certain wage obligations subject to conditions. The scheme is limited in time and amount and does not replace every ordinary wage claim. UWV looks, for example, at wages before dismissal and during the notice period. Ask which route fits before applying; applying too early can lead to refusal.
Report signs of lasting difficulty promptly and keep recent payslips and employer details. If a bankruptcy trustee is appointed, ask how to submit your claim and what UWV handles. A promised business rescue does not provide payment certainty. Also protect deadlines for separate dismissal payments if employment ends in the meantime.
Practical checklist
- For each pay period, list gross entitlement and actual payment.
- Keep hours, payslips, bank evidence and the applicable cao.
- Request both payment and an explanation of deductions in writing.
- Discuss interest and the statutory increase as separate items.
- Seek timely assistance where urgent or where inability to pay is lasting.
Apply this explanation to your situation
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Unpaid wages: calculation and draft requestRecord one unpaid wage amount and the maximum statutory increase, then prepare a written request.Choose an employment lawyer who fits your needsPrepare a search profile and a clear discussion agenda for independent legal help.Build your employment law case fileCreate a chronological record of facts, reference documents and bring your objective and open questions together in one transferable worksheet.Frequently asked questions
Can my employer withhold salary because I allegedly caused damage?
Not every damage claim can simply be offset against wages. Ask which statutory and contractual basis the employer relies on. The alleged damage, your liability and limits on deductions need separate assessment.
Do I always receive the 50% statutory increase?
No. It builds up under statutory rules, does not apply to every delay beyond the employer’s responsibility, and can be reduced by a court. A calculator is indicative, not confirmation that the maximum will be awarded.
Must I keep working if my salary does not arrive?
Stopping work can complicate your position. First ask for advice about an appropriate response, particularly with several months outstanding. Demanding payment in writing and seeking urgent assistance where needed are specific initial steps.
Is reporting to the Labour Inspectorate enough to obtain payment?
A report may be appropriate, for example with minimum-wage underpayment, but does not automatically produce an individual payment. A wage claim or other civil action may remain necessary. Choose the route based on the nature of the arrears.
Sources and editorial notes
The sources used for this page are listed below. Open the original publication for the full rules and context.
Sources current as of:
The source publications are in Dutch. All language editions cover Dutch law.
General information. Not a substitute for personal legal advice. This language edition contains draft translations based on official Dutch sources. Independent final legal review and native-language editing have not yet been recorded.
This language edition contains draft translations based on official Dutch sources. Independent final legal review and native-language editing have not yet been recorded.
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