Especially during the coronavirus pandemic, various problems have emerged regarding employees’ social rights and the receipt of their wages. During the pandemic, adjustments were made to working life and the scope of prior legislation was expanded. Within this framework, employees who cannot secure their pay during the pandemic still have the option to take their claims to court.
What to Do When an Employee Is Creditor
One common issue in working life is employees being unable to collect their wages. Many workers have faced financial hardship during the pandemic and experienced difficulties in obtaining their pay. When this situation occurs, employees have several steps they can take.
If payment for worked days is not received, the first step is usually to apply to a mediator. Mediation brings the employee and employer together to resolve the dispute. Before applying to a mediator, a formal notice should be sent by a notary; if the employer does not comply with the notice, they should be summoned to mediation. If mediation resolves the dispute between the parties, the matter is closed. However, mediation may not succeed if the employee’s claims lack supporting documentation. If the claim is documented but the employer refuses to pay or does not meet the employee’s demanded amount, the employee must file a lawsuit. Employees may choose to file a lawsuit without going through a criminal complaint process, following their own preferences and the specifics of the case.
Does the Employee Decide the Amount Claimed?
To collect debts owed by the employer, it is necessary to file a lawsuit in the labor court. For cases taken to labor court, a common question is whether the claim amount must be specified in the complaint and whether this is mandatory. This decision is left to the employee. If the complaint does not specify an amount, the case will be treated as a lawsuit for an unspecified claim. If the claim amount is fully specified, the lawsuit will be examined as a quantified (partial) claim.
How to File a Reinstatement Lawsuit and Who Can File It?
The Supreme Court’s decision number 1156 states that the employee ordinarily holds the authority to document matters arising in the employment relationship; when the employee cannot prepare documentation, the employer must make lawful adjustments to determine the debts. The court also noted that some claims are calculated on grossed-up amounts—such as severance pay—while others are based on basic wages—such as overtime or annual paid leave. Therefore, the court concluded that it is not reasonable to expect employees to calculate their claims fully and precisely in every case. Considering these factors, the court determined that the employer has responsibility for clarifying the exact amount of the disputed claim when necessary.
Employer Responsibility for the Claim Amount
Given this approach, employees are not expected to state an exact figure or value for their claims in every lawsuit. If employees cannot fully calculate their claims, they may file a lawsuit for an unspecified amount in order to clarify the situation through judicial procedures.
Based on the cited Supreme Court decision, an employee may indicate the amount they believe they are owed in the lawsuit, but if they cannot calculate the amount precisely, they may file without specifying a figure. When an unspecified claim is filed, the court and the employer will determine the amount the claimant is entitled to through judicial examination.
During the pandemic—when measures like short-time work allowance or partial work arrangements were common—employees may find it difficult to calculate the exact wages they are owed. For this reason, employees who cannot determine the precise amount they expect to receive may file an unspecified claim. After the court examines the case, the employee’s rights will be properly established. Another option is to have an attorney calculate the claim amount before filing suit; the court’s final determination may follow the attorney’s calculation, so after obtaining legal advice an employee can proceed to court. If the employee wishes to claim a specific portion of the total amount, they may also file the complaint with language such as “I currently claim the following amount” to initiate the lawsuit.
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