What to do in the event of unpaid salary: your rights

The non-payment of wages constitutes a blatant violation of employee rights and can lead to serious repercussions, both financial and personal. In France, the Labor code imposes strict obligations on the employer, in particular compliance with payment deadlines.

However, faced with a failing employer, many employees ignore the Legal appeal at their disposal. This article offers detailed light on your rights in the event of unpaid wages and legal procedures to require compensation.

Summary

1. Introduction
2. Obligation of the employer and periodicity of payments
3. Your rights in the face of an unpaid salary
4. Covering unpaid wages: steps and recourse
5. Deadlines for acting and practical advice
6. Conclusion
7. FAQ

Obligation of the employer and periodicity of payments

L’article L. 3242-1 of the Labor Code constitutes a fundamental reference in terms of payment of wages. This article imposes on everything employer to pay their employees at a monthly frequency, except in specific situations provided for by law.

These exceptions concern Seasonal jobs, intermittent, temporary or at domicilewhere wages must be poured to the maximum all 16 daysin compliance with article L. 3242-3 of the Labor Code.

And salary is therefore legally considered as unpaid As soon as it was not paid within these legal deadlines. This obligation aims to guarantee financial stability to employees and prevent delays that may generate major economic difficulties.

In the event of non-payment or unjustified delay, the Court of Cassation consider this act as a grim of the employer, regardless of any justification invoked.

In his judgment of 27 mars 2008 (Cass. Com.), She emphasizes that the non-pay salary directly affects the fundamental rights of the employee and compromises the essential confidence in the employment relationship. Consequently, even in the presence of economic or administrative difficulties, the employer cannot escape this obligation without engaging his responsibility.

This rigorous legal framework protects employees and allows them to claim not only the Payment of sums duebut also damages In the event of damage resulting from non-compliance with this obligation.

Your rights in the face of an unpaid salary

An employee faced with a unpaid salary has several legal rights and recourse to obtain compensation, each to respond to specific situations.

• Require the execution of the payment obligation
  The employer is required to respect his legal obligation to pay the wages due. The employee can, at first, formally request the Payment of unpaid sumsto which are added delay interest Calculated from the date that the salary should have been paid. This request must ideally be accompanied by a formal noticewhich sets a specific time to regularize the situation.
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• Claim damages
  In cas of damage sufferedthe employee is entitled to request damages. These damages may include financial difficulties (delays in payment of rents or other charges), a psychological impact linked to financial instability or damage to his personal life. These requests must be justified by tangible evidence, such as bank statements, unpaid invoices or testimonies.
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• Request the termination of the employer’s employer contract
  When payment delays become frequent or prolonged, the employee can request the rupture of his employment contract.
  This approach makes it possible to put an end to the contractual relationship, but to Employer’s wrongswhich is equivalent to a dismissal without real and serious cause. Under the article L. 1235-3 of the Labor Codethis requalification gives the right to specific allowances, including:
  • Notice indemnity.
  • The legal or conventional compensation for dismissal.
  • Of the damages For abusive dismissal.

These appeals aim to protect fundamental rights of the employee and to sanction the serious breaches of the employer. Each situation being unique, it is often judicious to consult a specialized lawyer Or to get closer to Labor Council Competent to choose the most appropriate approach.

Covering unpaid wages: steps and recourse

1. Attempt at amicable conciliation
   The first reflex is to formalize a formal notice sent to the employer, by registered mail with acknowledgment of receipt. This letter must:
   • Take the applicable facts and texts (e.g. L. 3242-1 of the Labor Code).
   • Set a delay for the payment of the sums due.
   • Prevent judicial follow -up in the event of inaction.
2. Referral to the Labor Council
   If the employer remains inactive, the employee can enter the Labor Council competent. This procedure has two main steps:
   • A conciliation audiencewhere the parties try to find an agreement.
   • In case of failure, a judgment hearingduring which the employee presents his arguments and requests the Payment of wages duedelay interest and any compensation.
3. Forced execution request
   If the employer does not respect the judgment, the employee can use a bailiff To enter the employer’s property or bank accounts, in accordance with the Code of Civil Executive Procedures.

Deadlines for acting and practical advice

The employee benefits from a three -year to claim a unpaid salaryin compliance with article L. 3245-1 of the Labor Code. This period begins to run from the date that the salary should have been paid.

After this period, any action in recovery becomes inadmissible, unless exceptional circumstances allow an interruption or suspension of prescription, such as a debt recognition by the employer.

To maximize his chances of success, the employee must act quickly in order to preserve the necessary evidence, such as:

• THE salary bulletinseven in the absence of effective payment.
• THE employment contracts stipulating amounts and payment terms.
• Any written exchange (emails, letters) with the employer attesting to the existence of the dispute.

Although the assistance of a lawyer specializing in labor law Is not compulsory, it can be decisive, especially for complex files or when the employer disputes the facts. A lawyer may:

• Analyze the situation and identify the employer’s breaches.
• Write letters in legally solid formal notice.
• Represent the employee in front of the Labor Council and optimize compensation requests, including delay interest and damages.

Finally, the employee is advised to remain vigilant as to the deadlines, because a late action could compromise his rights, even if the non-payment of the salary is clearly established.

Conclusion

The Covering unpaid wages is a fundamental right that the employee can assert by amicable or judicial pathways. THE Labor code And case law offer a protective framework which firmly sanctions employers who do not comply with their obligations.

To defend your interests, do not hesitate to call on the Labor Council or to request the advice of a Labor law lawyer.

FAQ :

1. What to do if my employer does not pay my salary on time?
When your employer is slow to pay your salary Or omit to pour it, it is essential to act quickly. Start by sending him a formal notice By registered letter with acknowledgment of receipt, requesting payment within a specific time. Mention the applicable legal texts, such as the article L. 3242-1 of the Labor Codewhich requires the monthly wages (or a 16 -day interval for certain specific contracts). In case of refusal or absence of response, you can enter the Labor Councilwhich will try a conciliation before judging the case.

2. What are my rights if my salary is not paid?
In cas of unpaid salaryyou have several rights:

• Demand it salary payment due, accompanied by late interest.
• Claim damages For damage suffered, such as delays in your personal payments or bank charges.
• In cas of repeated delaysrequest the termination of the employment contract, which will be reclassified as dismissal without real and serious cause (art. L. 1235-3 of the Labor Code). This approach gives you the right to layoff indemnities, notice and compensation for abusive dismissal.

3. What are the deadlines to claim an unpaid salary?
You have a delay in three years To act, from the date that the salary should have been paid (art. L. 3245-1 of the Labor Code). After this period, any action becomes inadmissible, except interruption of the prescription, such as recognition of debt by the employer or a procedural procedural act. It is therefore advisable to act quickly and to keep all the written evidencelike your salary slips or emails exchanged with the employer.

4. Can I get compensation in addition to my unpaid salary?
Yes, in the event of non-payment of the salary, you can ask for Additional compensationnotably :

• Delay interests : calculated on the amount due, from the date that the salary should have been paid.
• Damages : in compensation for damage caused, for example banking overdraft or penalties for unpaid invoices.
• Dismissal allowances : If you opt for a breach of the employer’s wrongs, it can be assimilated to an abusive dismissal.

5. Should I have a lawyer to act against an employer?
No, it is not compulsory to have a lawyer to act in the event of unpaid salary, in particular before the Labor Council. However, a lawyer specializing in labor law Maybe a major asset, especially if your employer disputes the facts or if the case is complex. The lawyer will help you build a solid file, write a legally founded formal notice and optimize your requests before the judge.