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Salary payment delay

Question

Today is 10th January and I have not received my salary for December last year. However I've received payslips (yes, in plural) three times (of course I could not buy Xmas gifts or pay my rent with this payslips :))
Employer tells this is because of miscalculation and they will pay me "tomorrow".
Is there any regulations in Belgium according to? I checked my contract and there is not date pointed (only amount per month).

Thanks.

J

when do you usually get paid? It should normally be a few days before the end of the month. If your salary is over 10 days late, you can safely assume that your employer is in deep financial shit.

Go into work on Monday by all means, but unless that salary is in your bank account, spend the time looking for another job. You need to cut your losses.

Jan 10, 2015 21:35
katie

I agree with the post above. your employer is probably in deep financial shit. but the good news is in a bankruptcy employees have first claim so they usually get paid. eventually. I would ask for an honest talk with your employer, find out where the cash flow problem came from. is it a small company, or limited, or? but I would be looking for another job.

Jan 11, 2015 11:44
AJ

Katie, sorry to say but you are not following the first rule of this forum, which is to ignore J's mindless rantings. Hopefully, at some point he will lose interest and go away.

Jan 11, 2015 12:20
sophia123

I agree with AJ.

You need to check with your company's personnal department/ personnal administrator on Monday where they are with the salary payment and you can ask them to prove they have paid it.
As far as I know, legally the salary needs to be latest paid the 10th of the following month.
If they cannot provide the payment proof, I would very fast contact / become a member of a trade union and have them enforce your employees' rights.
In the worst case scenario, that your employers is insolvent, employees are preferential creditors (from the group of creditors owed money).

Good luck!

Jan 11, 2015 13:57
Mikek1300gt

I had wages delayed in Belgium several times. The cause was incompetence, not bankruptcy.

Jan 11, 2015 17:54
red

I had my salary delayed because HR 'forgot' to pay me.... Their words. They then said they couldn't pay me for another month as they had done all their payrolls! Only when I insisted did they give me an emergency payment, which was still less than the amount owed. Unbelievable!

Jan 12, 2015 00:37
gryb

Unfortunately This is not because of bankruptcy but because of incompetence .
I've sent my resignation letter already so I'm not interested in "good relationship" with neither the Company or Belgium at all anymore but I'd like to have all my money paid.
I googled a lot but could not find any law which says "payment must be done before XXth day of period next to period paid for". I saw such law in all countries I worked before. Unbelievable...

Jan 12, 2015 13:50
J

Go in and cause merry hell until you get paid. Incompetence is totally out of order as an excuse.

Jan 12, 2015 19:54
me in belgium

yes there is. Salaries must be paid by 5 of following month unless otherwise stated in contract.

Jan 12, 2015 20:51