The short answer
Payment of wages on time is the duty of the employer, not a favour. Under article 333 of the Labour Code, the employer must pay the late sum together with a monetary compensation for every day of the delay. The compensation is calculated from the refinancing rate of the Central Bank, and is paid whether or not the employer is at fault.
What to do, step by step
- Give a written application. Write it in two copies, addressed to the employer. Ask for a receipt mark on one copy. That becomes evidence in court.
- Collect the documents. The employment contract, the copy of the order, the payslip, the bank statement, the correspondence — keep all of them.
- Go to the Labour Inspectorate. Under article 536 of the Labour Code, state labour inspectors check the employer and issue an instruction to remove the breaches they find.
- File a claim in court. A claim in a labour dispute goes to the district (city) civil court. For a claim to recover wages you pay no state duty.
What to watch
- Do not miss the time limit for a wage claim. Under article 560 of the Labour Code, the limit to go to court is six months from the day you learned, or should have learned, of the breach of your right.
- Wages "in an envelope" are hard to prove. So an official contract and an official wage matter.
- On dismissal, the final settlement must be made in full on the day of the dismissal. If the employee did not work that day, the sum is paid no later than three days after the employee demands the settlement.
The liability of the employer
For late wages the employer carries material liability before the employee. Besides that, an official may be fined for a breach of the labour law under article 49 of the Code on Administrative Liability.