The company does not pay the wage
First: Claim the amount due. The worker can try to communicate with the company. If communication is unsuccessful, the worker can go to the Labor Coordination Department (SMAC) of the Ministry of Labor to sue the employer for the unpaid wages. At that time, the labor department will open a coordination process. If no agreement is reached between the two parties, or if the company is unwilling to coordinate, then the worker can only go to court.
If the employer does not have the money to pay the wages, the worker can claim from the FOGASA, which is like a government-run insurance company, if the employer cannot pay the wages or compensation. The amount claimed from FOGASA cannot exceed 4 months of wages. And the amount of salary cannot exceed double the minimum wage.
For example, if my boss owes me 6 months’ wages and I don’t have the money to pay, FOGASA will only be responsible for 4 months’ wages.
Note: For unpaid wages, the company has to pay 10% interest.
Second: Request for termination of contract. In general, even if the boss owes wages, workers cannot be absent from work at will. If a worker wants to avoid going to work, then he/she should first request to terminate the work contract.
The law states that a worker can only request a termination if the boss is seriously behind in his or her wages. What is considered serious non-payment of wages? The law has no standard and most rely on the courts to decide. Many courts have held that if wages are owed for four months, then the worker can apply for termination of the work contract.
At that point, the employer is required to pay the back wages, plus interest and appropriate compensation. The amount of compensation the worker can receive is equal to the amount of the unjustified dismissal.
Can workers not go to work?
On this point, the law seems a bit unfair: if a worker wants to skip work, he/she should first go to apply for termination of the contract, and in the court judgment the worker should continue to perform his/her employee obligations. If the worker does not go to work directly, then the company can dismiss the worker for absenteeism. At that time, the worker will not receive a single compensation, and will not be able to apply for unemployment benefits.
Note: The worker can still claim the back wages and the corresponding interest.
Can a worker resign?
Yes, you can. A worker can resign in the face of a non-payment of wages by the employer. However, quitting means that the worker is not doing the job himself, so the company is not obliged to compensate him. In this case, the worker cannot apply for unemployment benefits either.
Of course, the worker can still claim the back wages, as well as the corresponding interest.
Note: Workers are required to give advance notice to resign.
