11
Sep

An employee may or may not agree to have his or her salary transferred to a bank account.

The employer can not require the employee to set up a bank account for the payroll. Insisting on it, breaks the law. Then the injured person can report the case to the National Labour Inspectorate and apply for compensation. In exceptional situations, the boss can even be punished for his persistence.

A salary can only be paid to a bank account if the employee has agreed and agreed in writing. It follows from art. 86 § 3 of the Labour Code, the provisions on the protection of remuneration for work as well as the regulation of international work organization, art. 5 Convention No. 95. If the employee’s persuasion to set up a bank account was persistent, the employer would even face criminal liability. According to Art. Under Article 218 § 1a of the Criminal Code, the offense is punishable by a fine, restriction of liberty or deprivation of liberty for up to 3 years. However, this would have to be a special situation involving, for example, maltreatment of the employee’s rights. In addition, if an employee considers that he has suffered injury as a result of the pressures he may claim damages. However, in the course of court proceedings he would have to show the employer’s guilt, the amount of real estate damage or lost profits, and the causal link between the perpetrator’s actions and the damage.

If an employer wants to send a salary by post, it must first obtain a written consent from the employee for such a settlement. The remuneration should be given to the last address given by the employee. If the employee has moved and has not informed the company, then the employment obligation is deemed fulfilled. On the other hand, it is always a good idea to ask about your current place of residence before sending money to avoid disputes in this regard and possible future difficulties of proof.

If, however, it transpired that the employer had sent a letter, without written and prior consent, and the pay would have been received by an unauthorized person who was even a family member and had not provided the employee or had not settled, then the company would have to pay again. In the lawyer’s opinion, otherwise the workplace would expose itself to the compensation process. If the trader received only a verbal agreement of the employee to send money by post, it was not properly accepted by the law. According to Art. Section 86 § 3 of the Labour Code it has to be expressed in writing.

An employee may withdraw his or her consent to send a salary to a bank account or home address. If he changes his mind, he is absolutely entitled to report it to the human resources department, and the employer has to make amends. This was confirmed by the Supreme Court in the judgment of February 21, 2002 in I PKN 917/00. That is to say, the workplace should immediately start to pay the due remuneration directly to the hands of the employee. There is no unconditional consent, once and for all. As a rule, the employee can not bear the negative consequences of changing his mind about the form of remuneration for him.

On the other hand, if the employee changes his mind quite often, eg once a month, and thus disorganized the work of the accounting staff, that would have ended for him even with dismissal. The reason for such a decision would be the specific losses incurred by the employer due to the unstable position of the employee and the resulting chaos. According to the expert, this could be a justified reason for termination of the employment contract. In such a situation, the employee has the right to appeal to the court, which will examine all the circumstances and issue a judgment, after a trial.

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