How to react to the withholding of payslips or any other document that employers are required to give to the employee?

At the end of each month, employers must provide their employees with a statement of salary indicating how salaries are counted, the number of hours worked, the rate of remuneration for the hours worked and any other benefits in kind or in cash.

Upon termination of an employment contract, this type of salary statement must be submitted and outstanding salary amounts must be paid within no later than five days of the termination of the employment contract.

Wage challenges are generally made in the following manner:

  • a registered letter is sent to the employer to put him on notice to pay the amounts due within a period of eight or 15 days;
  • if the disagreement persists, i.e. if the formal notice remains unanswered, the dispute will be brought before the Labour Tribunals by means of a petition for recovery of salary claims;
  • resignation with immediate effect: Repeated violation by an employer of his obligation to provide the employee with a payslip at the end of each month constitutes an employer’s misconduct serious enough to justify the employee’s resignation with immediate effect.

ATTENTION: Resignation with immediate effect leads to the termination of the contract, without entitling the employee to unemployment benefits unless the employee petitions the Labour Tribunal to establish the serious misconduct of his employer (on the merits) and applies to the Chief Judge of the Labour Tribunal to receive unemployment benefits on a provisional basis (summary proceedings).