Various factors can lead a company to no longer pay the salaries of its staff. At best, this is simply an oversight or an accounting error. But in the worst-case scenario, your non-payment is due to your business having financial difficulties. But, even in these conditions, your employer must pay its expenses, in particular the remuneration of its employees. In the event of late or non-payment of wages, employees can, of course, demand that their pay be paid.

Around the salary payment

As they say, all work deserves pay. So, in return for each of his achievements in his post, every employee must receive a sum corresponding to his work. The remuneration is specified in his employment contract. And must comply with the legal and contractual provisions to which every company in France is subject.

Whichever entity you work for, they are required to pay you the salary agreed in your employment contract. In France, workers receive their wages every month. This is article L3242-1 of Labor Code which specifies this standard. Only seasonal workers, intermittents, temporary employees or freelancers receive their payments every two weeks.

Each monthly payment must correspond to a payslip which states the duration of the work carried out during the month, as well as the amount of wages paid. This payslip provides details of the amount paid, including: bonuses, base salary, refunds, down payments, etc.

When is the salary considered unpaid?

As French law stipulates, your salary must be paid to you monthly and on an ongoing basis. This monthly payment was initially designed to work in favor of the employees. The salary is considered unpaid when it has not been paid within one month. You must count from the payment date of the previous month. If regularly, the bank transfer of wages is made on the 2nd of the month, there is a delay if the payment is not made until the 10th.

What are your remedies in the event of unpaid wages?

The courts consider the non-payment of employees as a serious offense. Even if the breach is justified by legitimate reasons. The law condemns the act of not paying employees for work already done.

Generally, the labor tribunal requires the company to pay the sums concerned. To the extent that the employee has suffered prejudice as a result of this delay, the employer will be liable to pay him damages.

If the problem persists over time and the amount of outstanding payments becomes significant, then there will be breach of the employment contract. The employee will be dismissed without real cause and will benefit from various indemnities. It is a criminal offense to fail to pay an employee. If you decide to file a complaint, you must do so during the 3 years following the date on which your salary was not paid to you. You will have to go to the industrial tribunal. It is this procedure which is described in article L. 3245-1 of the Labor Code.

But before you get to that, you should first try a first approach. For example, by writing to the manager of the department that manages pay slips in your company. Here are two examples of mail to try to resolve the situation amicably.

Example 1: Claim for unpaid wages for the previous month

 

Julien dupont
75 bis rue de la grande porte
75020 Paris
Tél. : 06 66 66 66 66
julien.dupont@xxxx.com 

Dear,
Function
Address
ZIP code

In [City], on [Date

Subject: Claim for unpaid wages

Sir,

Employed within your organization since (hire date), you regularly pay me the sum of (salary amount) as monthly salary. Faithful to my post, I unfortunately had the bad surprise to see that the transfer of my salary, which usually takes place on (the normal date) of the month, has not been carried out for the month of (…………).

It puts me in an extremely uncomfortable situation. It is currently impossible for me to pay my charges (rent, children's expenses, loan reimbursements, etc.). I would therefore be grateful if you could correct this error as soon as possible.

Pending a quick reaction from you, please accept my best regards.

                                                                                  Signature

 

Example 2: Complaint for several uncollected wages

 

Julien dupont
75 bis rue de la grande porte
75020 Paris
Tél. : 06 66 66 66 66
julien.dupont@xxxx.com 

Dear,
Function
Address
ZIP code

In [City], on [Date

Subject: Claim for payment of wages for the month of… LRAR

Sir,

I would like to remind you hereby that we are bound by an employment contract dated (hire date), for the position of (your position). This specifies a monthly remuneration of (your salary).

Unfortunately, from the month of (the first month in which you no longer received your salary) until the month of (the current month or the last month in which you did not receive your salary) I have not been paid. The payment of my wages, which normally should have taken place on (the scheduled date) and on (date) were not made.

This situation causes me real harm and compromises my personal life. I ask you to remedy this serious shortcoming as soon as possible. It is your responsibility to make my salary available to me for the period from (……………) to (…………….) Upon receipt of this letter.

I want to inform you that no immediate response from you. I will be forced to seize the competent authorities to assert my rights.

Please accept, Sir, my respectful greetings.

                                                                                   Signature

 

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