Do not want to work, said the employer and still pays his pension

Veronika Rnov sued her former employer for the payment of wages and severance pay. She won the court, but as a result, the only one who paid was her. And that’s the cost of a lawyer.

Those years ago, Veronika Rnov joined the Ostrava construction company WAB-STAVBY sro as an assistant. Contract for an indefinite period, interesting work, paid for the conditions in Ostrava and quite sunny. But two years later, there was a problem. “It was the end of November 2012, I had a day off, and when I drank to work the next day, he told me f, and I don’t go to work that I was eating,” recalls Veronika Rnov. dn zdvodnn, dn een, prost do prce u nesla. And she didn’t understand for.

Thirteen days later, the employer proposed that it enter into an agreement on the termination of employment. “I didn’t know at all what to put on and what to do next,” describes Rnov. So she contacted Sttn ad labor inspectorate, and there he was advised, and does not sign the agreement. The company owed it a salary for January, which is the reason for the immediate termination of employment by the employee. And that’s exactly what Mr. Rnov did.

Don’t pay the employer? You can cancel the employment immediately

“Mr. Rnov proceeded first, when she immediately terminated her employment due to the fact that the employer did not pay the salary,” confirms lawyer Pavel Nastis. The employer pays the employees only for the reasons stated in the final, and in only in some cases the employee is entitled to severance pay. “If an employee cancels his employment due to the fact that the employer did not pay him the salary, he is entitled to severance pay, so it is definitely suitable for the employee,” says the lawyer.

The company paid the price for January in the end, but he gave it. Not even severance. So Mr. Rnov turned to a lawyer and called the employer. According to the judgment, the company is obliged to pay Mr. Rnov 66 thousand. But Mr. Rnov stle nem. “I had to pay the lawyer almost twenty thousand and the company has not given me a crown yet, so where is the justice?” is getting hot.

“As soon as the decision of the court of first instance takes effect, Mr. Rnov will demand a long execution order,” Nastis recommends. According to the lawyer, however, it is probable that the company, after the final decision has been delivered to the court, will pay itself and will not risk execution.

Of course, we also submitted the company WAB-STAVBY for the week. Until the deadline, however, she did not respond to the e-mail and the company’s executive does not answer the phone.

What to do in similar situations

We prepared advice for all in cooperation with Petr Ustek, an assistant professor at the Department of Civil Law at the First Faculty of Charles University in Prague.

  • Employees are protected in the event that they are not paid their salary, as they can proceed to the immediate termination of employment. They are entitled to this procedure at the moment when they do not receive payment of wages, salaries, reimbursement of wages or salaries or any of them on a specified day or even within 15 days after its due date. The due date is based on the following calendar month after the execution of the work.
  • Models: if the employee does not receive the salary for January in the usual payment term in the following month, ie in the job, and does not receive it even within fifteen days after the end of the month of employment, ie by March 15, I can immediately terminate the employment on March 16. Immediate termination of employment must be submitted in writing and delivered to the employer by sweat or in person. The employment relationship ends with the delivery of the document to the employer and the employee is no longer paid wages or salaries in the amount of the average length for a period that corresponds to the long-term
  • This procedure cannot be applied in the event of an error or mistake, when, for example, the payment of wages only because it is wrong, must be a serious breach of the employer’s obligations. In the event of an error or mistake, the employee may withdraw immediately if the employer does not eliminate the error.
  • The severance pay and unpaid salary can also be paid to employees by a full-time job. Employees will only send this claim if the employer is insolvent. The employee can therefore turn to the job for the fulfillment of two conditions, which are unpaid wages and the fact that the employer is filed in a separate court with an insolvency petition. An employee may also file a petition for insolvency.
  • Insolvency data are published both by the Labor Office and the Ministry of Labor and Social Affairs. From the moment published on one board of the series, the period of time is 5 months and 15 days for the employee to exercise his / her interest in the series. enough is applied in writing and in addition to marking the employee by name, surname, birth certificate or date of birth, his residence and information about the employer must include data on wages for the members of his account and his proof (typically by employment contract).
  • It is ideal to contact the job immediately after the employee learns about the insolvency of the employer, preferably in person. Workers will help them with all their needs. Another important thing is that the order of labor pays wages for a maximum of three months and in one month a maximum of up to 1.5 times the so-called decision, it is determined by the Ministry of Labor and Social Affairs.

Did it happen that the employer did not pay your salary?

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