Steps
- First, file the complaint with the Labour Department (Art. 146).
- The department summons both parties and tries to resolve the dispute.
- If it is not resolved within one month, it is referred to the Court of First Instance with a detailed memorandum (Art. 146).
- The court sets a hearing within 3 days of receiving the request (Art. 147).
Important information
- Workers' claims are exempt from fees. The court may order the claimant to pay fees if it rejects the claim (Art. 144).
- A claim is not heard after one year from the end of the contract if the employer denies it (Art. 144).
- Any waiver or settlement that reduces the employee's rights is void if made during the contract or within 3 months after it ends (Art. 115).
- Workers' dues have priority over the employer's assets (Art. 145).
- If the court finds that the employer is stalling payment of the worker's entitlements, it may award the worker compensation of 1% of their value for each month of delay (Art. 146).
How can you avoid complaints?
Clear contracts, on-time pay, approved penalty regulations, and a written final settlement at the end of service.