What should you do if you haven't received your final salary or employment certificate? Our lawyer answers
6.9.2024 | Law
My employment relationship ended two weeks ago. Despite my request, I have not received a certificate of employment, and the final salary is still unpaid. What should I do?
Our employment lawyer answers
If the final salary is delayed, the employee is entitled to late payment interest in accordance with the Interest Act, as well as their full salary for the waiting days up to a maximum of six calendar days. Late payment interest must also be paid for the salary for the waiting days. If the receivables are not clear and undisputed, or if the delay in payment is due to a calculation error or similar error, the employee is only entitled to the salary for the waiting days if they have notified the employer of the delay in payment within one month of the termination of the employment relationship and the employer has not paid the receivables within three working days of the notification. In this case, the entitlement to the salary for the waiting days begins after the payment period reserved for the employer.
If all installments of the final salary have not been paid, it is advisable to first submit a complaint to the employer and ask for an explanation as to why the final salary has not been paid. If there is reason to suspect that the employer is insolvent, the missing receivables can be claimed from salary security within three months of the last day of employment.
The employer must be able to issue a certificate of employment for ten years after the end of the employment relationship. However, the obligation to provide a certificate of the employee’s working skills and conduct ceases five years after the termination of the employment relationship. The employer may be sentenced to a fine for breach of the Employment Contracts Act if it does not provide a certificate of employment.
The occupational health and safety authority may also obligate the employer to provide a certificate of employment under threat of a fine and/or report the matter to the police for preliminary investigation.
The tips and answers were provided by our Director of legal services Mia Weckman in Tradenomi-magazine 2/2024 (available only in Finnish).
If you have questions about employment relationships, our legal services provide support, advice, and assistance.
Lisää aiheesta: Law
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