Workers who believe that their rights in an employment relationship have been violated need to contact their employer in writing within 15 days of the moment they become aware of the violation and request the exercise of their rights. Such a request is called a request for the protection of rights.
This communication must contain the name of the person sending it; to whom it was sent and when; the violation of the employment right that has occurred; how this came about and when; and how the worker discovered the violation.
A request for the protection of rights can be drawn up by workers themselves but it is advisable to seek legal assistance at this stage, especially if it is assumed that the employer will not respond to the request.
When receiving a request for the protection of rights, employers have 15 days to respond.
If they respond negatively, the next day starts another period of 15 days during which workers have the right to request judicial protection; that is, to bring an action before a court.
If employers do not respond at all to a request for the protection of rights, this period begins to run after the expiry of the employer’s 15-day response period.
In order for workers to be able to seek the protection of the court, they must first send the employer a request for the protection of rights within the specified period.
An exception is the non-payment of wages or any other financial claim, in which case workers can immediately turn to the court without sending a prior written request for the protection of rights.
Since the worker-employer relationship is a contractual relationship, the role of state institutions (other than the courts) in exercising workers’ rights is limited – they can only impose a fine on employers. But, in order to exercise their individual rights, if this cannot be achieved through negotiation with employers, workers must turn to the courts.
That is why it is important to try to prevent the violation of rights, which is best achieved by organising workers into a trade union: trade unions can negotiate and put pressure on employers to abide by the rules. Nevertheless, union members have the right to free legal counselling and representation in court if they need it.
A failure to comply with the provisions of the Labour Act and other regulations can be reported to the State Inspectorate which can order certain measures and impose a fine on employers.
In the event of the non-payment of wages, the Inspectorate can order employers to pay wages up to the amount of the minimum wage; workers must claim the full amount in court proceedings.
The non-payment of wages is also a criminal offence which means that it can also be reported to the police.
In the event of the non-payment of wages, employers are still obliged to give workers their payslips, at the latest by the end of the month in which the wages should have been paid. A payslip is an enforceable document and, based on it, enforcement proceedings can be initiated in FINA.
