You haven’t been paid or were paid really late. What now? How can you make sure that you get paid? You can send your employer a payment claim. With this letter, you urge your employer to pay you.
The basic principle is that you will be paid over a fixed period. People usually get paid on a monthly basis, but it may be every four weeks or sometimes every week (but no more than once a week and at least once a month). Your wages must always be paid at the end of this fixed period. Pay close attention to what has been agreed in your individual employment contract. This may vary depending on what is in your written employment contract or CAO (collective labour agreement), but even then, there are limits.
No written agreements? Then you must receive your wages no later than the last day of a calendar month.
Don’t have a fixed salary because the number or hours you work varies? In any case, if your number of hours worked has not been determined at the end of this period, your employer is obliged to pay an advance at the end of the fixed period.
This advance is calculated on your average earnings over the past three months. If that is not yet possible, then this is based on the normal earnings for this type of work. The advance is then settled with the payment of the wages (usually the period that follows) based on the actual number of hours you worked.
NB: It may have been agreed in your employment contract that the advance will be set at a lower amount. However, this may never be less than 3/4 of your average earnings over the three months prior to the payday or, if this cannot yet be determined, 3/4 of the usual earnings for this work.
Does your employer often pay your wages late? Call or e-mail your employer. Tell them that you have not been paid. If your employer does not respond, send your employer a payment claim. You do this by registered letter. Use the sample salary claim letter (doc) for this.
Your employer hasn’t paid you at all? The company may be experiencing financial difficulties. Even in the event of instant dismissal, your employer might sometimes not want to pay your wages. However, you are entitled to your wages. If this is the case, send your employer a letter. With this letter you ask your employer to transfer the salary. Use the Dutch payment claim template letter (doc).
Are you getting fired? In that case, your employer must issue a final statement which states the salary to which you are still entitled. The holiday pay, the accrued end-of-year bonus and any outstanding holidays are also included in the final statement. Haven’t received this final statement? Send your employer a letter. Use the Dutch request for final settlement template letter.