Making a wage claim: payment letter, evidence and proceedings

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.

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.

Practical checklist

• 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.