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WAGE CLAIM CASE
NON-TERMINATION LABOR RECEIVABLES-FEE RECEIPT
Fee and Payment of Fee
Labor Law Article 32 –In general terms, wage is the amount paid by the employer or third parties to a person in return for a job and paid in money.
Being one of the essential elements of the employment contract, the wage is the amount paid with the money provided by the employer in return for the work done by the worker. Fees are paid a month later.
At the termination of employment contracts, it is obligatory to pay in full the wages of the worker and the benefits that can be measured in money arising from the contract and the Law.
The employment contract does not have to be terminated in order for the employee to claim wages, and during the continuation of the employment contract, the employee has the right to demand unpaid wages from the employer.
While the burden of proof of the wage is on the worker, the burden of proof that the wage has been paid is on the employer.
Failure to Pay the Fee on the Day
Labor Law Article 34 – A worker whose wage is not paid within twenty days from the date of payment, except for force majeure, may refrain from fulfilling his obligation to work. For this reason, even if they do not fulfill their duty of doing business based on their personal decisions, it cannot be considered as a strike even if it gains a collective character numerically. The highest interest rate applied to the deposit applies to fees not paid on the due date.
TIMEOUT WHEN RECEIVING FEE
The statute of limitations for wage receivables is 5 years. This 5-year statute of limitations begins to run when the fee is due.
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