According to the art. 85 of the Labour Code, the payment of remuneration for work carried out at least once a month, on a fixed pre-agreed date. If the fixed salary pay day is a day off from work, paid to her the day before. As a non-working day is meant in this case, not only public holidays from work, ie. Sundays and holidays, but also days off due to an average five-day week.
Eg. The employer has decided that it will pay compensation always on the thirtieth day of the month, and the day they just falls on a Saturday, which is a day off in the enterprise. Thus, the payment of salaries should be the twenty-ninth day of the month - on Friday.
There are no obstacles to the head of the remuneration paid out more frequently, eg. Every week or after each day's work. In any case, the payment of salaries may not fall at least once every month. The Labour Code specifies that the remuneration for work paid once a month is paid in arrears, immediately after establishing his full height, but not later than during the first ten days of the following calendar month.
Components of remuneration for work, due to the employee for periods longer than one month, shall be paid in arrears on the dates specified in the provisions of the labor law.
The head can also introduce the principle of wage payment in the form of zaliczki.Np. dating from the crew that an advance they will be always on the twentieth day of the month. While the rest pay the calculation of its full impact on their account on the tenth day of the following month.
When the boss does not pay within the employee etatowemu
Every employee has a right to know on what basis was calculated his salary. This means that the employer is obligated to provide him access to the documents on the basis of which are calculated salary.
And if you do not pay the remuneration within the prescribed period or unduly reduce its height?
Then an offense. In such a situation, every employee has the right to bring an action against the employer to the competent regional labor inspectorate. Enter the name of the company and its address. Inspectors will carry out inspection in the plant. The employee may also pursue their claims in court directing a lawsuit against his boss.
You should know that the employee is entitled to claim interest for delay, even if did not suffer on this account any damage, and the delay was due to circumstances for which the employer is not liable.
The claim for payment of remuneration for work shall expire with the expiration of three years from the moment when the employer was obliged to pay this remuneration or other benefits.
When working on a deal "junk"
Much more limited room for maneuver has a person working under civil law agreement, not receiving wages on time.
- When working under service contracts or the work that their claims can occur only before a civil court - explains Emil Pankowska, Deputy Regional Inspector of Labour Affairs. Legal and organizational matters in the OIP in Bydgoszcz.
Employers who do not pay wages on time, be fined from one thousand to 30 thousand. zł. With persistent or malicious violations of workers' rights, labor inspectors may notify the prosecutor's office on suspicion of committing a crime.
It must be written authorization
What rules, the employer should pay wages to an employee in person or eg. Bank transfer to his account, if so stated in the collective agreement or worker previously consented in writing.
Or maybe you pay money to someone else?
Yes, but under the condition that the person will have a written authorization from pracownika.Natomiast employer can not pay salaries to the spouse of the employee. The exception applies if your spouse has an appropriate court order or work for the spouse, which remains in cohabitation, unless the spouse objects to the collection of his salary for the work. This objection is effective to the employer, if he knew about it.