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If an employee does not receive their wages (on time), they are not powerless. They can put the employer in default, claim the statutory increase and interest, suspend work under certain conditions, and, if necessary, enforce the wage claim through the courts. For the employer, the motto is: prevent payment problems.
Late pay: a major problem
If salary is not paid, an employee can quickly find themselves in trouble regarding their fixed expenses. It is important that they do not let the matter rest and that the employer does everything possible to ensure the wages can be paid. The law provides the employee with substantial means to do so.
Reminder and the statutory surcharge
The first step is to send the employer a written demand and put them in default. If the employer still does not pay, the employee is entitled to the statutory increase on the outstanding wages (Article 7:625 of the Dutch Civil Code), which can amount to a substantial percentage, plus statutory interest. This increase serves as an incentive for the employer to pay quickly.
To lay down work
Under certain conditions, the employee may suspend work as long as wages are not paid: 'no pay, no work'. However, this must be done carefully — preferably after a clear warning — as unjustifiably ceasing work can backfire on the employee. Seek advice on this matter.
Wage garnishment and bankruptcy
If that does not help, the employee can enforce the wage claim through the courts. In cases of structural non-payment, even filing for the employer's bankruptcy can serve as a means of pressure. For the employer, the lesson is clear: prevent payment problems, as the consequences of non-payment accumulate quickly.
Frequently Asked Questions
What can I do if my wages are not paid?
Send a formal demand to the employer and put them in default, claim the statutory increase and interest, suspend the work subject to conditions, and enforce the wage claim through the court.
What is the statutory increase?
An increase on wages paid late (Article 7:625 of the Dutch Civil Code), which can amount to a substantial percentage, as an incentive to pay quickly.
Am I allowed to stop work in case of non-payment?
Under certain conditions, yes, but do so carefully and after a warning. Unjustified suspension can backfire.
Help with overdue wages?
Our legal experts claim the wages and statutory increase and draft a demand letter . View our employment lawteam or schedule a free consultation.
