When claiming wages, it is useful to identify each amount, the period it relates to and the date on which it should have been paid. As a general rule, claims for financial entitlements are subject to a one-year limitation period from when the claim could first be brought. Each monthly payment may have its own starting date.
Reconstruct the debt
Gather the contract, collective agreement, payslips and relevant bank transactions. Separate basic pay, supplements, extra salary payments and other items. If you claim differences relating to working hours, grade or hours worked, you will also need to study how to prove the facts giving rise to those amounts.
A payslip and a bank credit serve different purposes. Both should be checked, with partial payments or advances recorded. Claiming a global figure without explaining its components makes it harder to review the debt and prepare evidence.
Which communications to keep
Keep messages and demands sent to the employer, with their dates and replies. Do not manipulate conversations or access accounts or files for which you lack authorisation. If an out-of-court demand is contemplated, its wording and evidence of receipt matter when assessing its effects.
The limitation period and any interruption must be analysed according to the steps actually taken. An informal conversation should not be treated as a guarantee that the time limit is protected.
Which procedure may apply
Prior conciliation or mediation and court proceedings depend on the claim and the statutory exceptions. The decision requires an assessment of the documents, amounts and employer’s situation. A complaint to the Labour Inspectorate is not necessarily equivalent to obtaining court-ordered payment of everything claimed.
If non-payment is persistent, other employment claims requiring specific advice may be available. Stopping attendance at work without examining the consequences may damage the employee’s position.
If the employer says it has no money
A lack of liquidity does not itself establish payment or mean that the debt must be regarded as lost. The claim, any insolvency or insolvency proceedings and, where relevant, the requirements and limits of wage protection must be studied. There is no automatic cover for every amount merely because the employer closes.
Frequently asked questions
Can I add up every monthly payment and wait a year from the last one?
You should not do this without reviewing when each amount fell due and the steps taken in relation to it. Older debts may become time-barred earlier.
Do I have the same time limit if I have also been dismissed?
No. Challenging dismissal is subject to a much shorter expiry period, which must be checked immediately.
You can consult our employment law service for individuals with a list of amounts and documents. This information does not calculate your debt or itself preserve time limits.
