REMUNERATION DIFFERENCES

PAY DIFFERENCES

What are?

These are the sums due to the employee for the work performed which have not been paid in full or in part by the employer.

Which ones are they?

The pay differences, Usually, arise:

  • from the payment of a basic salary lower than that envisaged by the C.C.N.L. of category;
  • from carrying out tasks higher than those provided for in the individual employment contract;
  • from the non-payment of the thirteenth and/or fourteenth month salary;
  • from the non-recognition of seniority increments;
  • the non-payment of the T.F.R. upon termination of the employment relationship;
  • non-recognition of overtime hours worked, of public holidays worked or the lack of enjoyment of holidays.

As required?

Pay differences can be claimed through a written complaint to the employer in which the items of remuneration and the relative amounts that have not been paid must be highlighted.

In the event of refusal or silence by the employer, you can act in the following alternative ways:

  1. activate the conciliation attempt (optional) before the Territorial Labor Inspectorate or in trade union offices (this does not preclude legal action);
  2. propose Appeal for injunction at the Labor Section of the territorially competent Court by providing written proof of the credit, so that the Labor Judge orders the employer to pay the amount due, within forty days of notification of the injunction. The employer will be able to pay or lodge an opposition, giving rise to one
  3. establish one ordinary work cause.

How to prove work credit?

The letter to the employer or the subsequent appeal to the Labor Judge must indicate precise elements at the basis of the wage claim, come:

  • the period of employment;
  • the working hours;
  • the classification received;
  • the total amount claimed;
  • the titles on the basis of which the entitlements are requested.

In order to strengthen the payment demand are crucial the counts of what is required to be determined through a Partial technical consultancy. About that, it is advisable to make use of the work of a Labor consultant.

For proof of credit, are needed:

  • paper documents, file audio e video, photos and recordings of conversations demonstrating pay differences;
  • testimony (who have personally witnessed the facts on the basis of which the wage difference is being claimed, like the days you worked, the timetables, the tasks, ecc.).

By when the work credit is prescribed?

As a rule, the credits deriving from the periodic services are prescribed in 5 years (salary and T.F.R.) starting from the date of termination of the employment relationship (as established by the recent ruling 6 September 2022 n. 26246 of the Court of Cassation). During intercourse, so, the worker must not feel compelled to request the remuneration elements due for fear that their extinction due to prescription will occur, if you are afraid of possible retaliation from your employer who, in any case, constitute civilly and criminally relevant conduct.

The credits, Instead, of nature non-pay (example, right to higher qualification) and those arising from contractual liability (omission of contributions, demotion, etc.) are prescribed in 10 years, always starting from the termination of the employment relationship.

Attention! The statute of limitations rule for pay claims it does not mean that during the employment relationship the amounts due cannot be requested, even judicially, to the employer, but only that the worker He can choose whether to ask for the pay difference during the relationship or within 5 o 10 years after its extinction.

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