Underpayment

If you receive less than the statutory minimum wage, speak to your employer. If you cannot reach agreement, you can take your case to the Inspectorate SZW or a limited jurisdiction judge.

The Inspectorate SZW

If you receive less than the minimum wage and your employer will not increase your wage, you can report the matter to the Inspectorate SZW. You can do so anonymously if you wish.

Employers who pay their employees less than the minimum wage will receive an immediate fine. If your employer does not pay the wages owing to you within four weeks, the Inspectorate SZW can then impose a penalty payment.

If your employer does not increase your wage you can submit a complaint to the Inspectorate SZW. You can make your complaint anonymously if you wish. Employers that pay their employees less than the statutory minimum wage will receive an immediate fine. The amount of the fine will depend on the difference between the wage paid and the statutory minimum wage. The maximum fine is €10,000 per employee. Furthermore, if your employer pays less than the minimum holiday allowance, it will also be fined up to €2,000.

Limited jurisdiction judge

You can also take your case to a limited jurisdiction judge. It is advisable to consult a union, legal adviser, legal aid centre or social counsellor before you do.

Claiming unpaid wages

You can claim unpaid wages from your employer even if you do not find out you have been underpaid until some time later. You can do so within five years of the date on which you were entitled to the wages or holiday allowance.