Unpaid Salary – Your Legal Tools for Protection

Unpaid salary is one of the biggest stressors an employee can face. It is not just a number on paper — it is compensation for your effort, time, and dedication, and it is essential for your livelihood. If you find yourself in a situation where your employer is delaying or refusing to pay your salary, it is important to know that the law is on your side and provides several mechanisms for protection.

This guide will walk you through the steps you can take, supported by concrete legal provisions, to enforce your right.

Your Right to a Salary

Before moving to the specific steps, it is crucial to understand your fundamental rights regarding salary payments, which are clearly defined in Macedonian legislation.

The right to a salary is guaranteed, according to the Labor Relations Law, every employee has the right to earnings, i.e., salary, in accordance with the law, collective agreement, and employment contract. The salary must be paid in money, the law strictly prohibits salary payment in vouchers or in-kind. Salary must be paid exclusively in monetary form through a transaction account.

Clear payment deadlines exist, salaries are paid for periods that must not exceed one month, and no later than 15 days after the end of the payment period. Your salary cannot be lower than the minimum for full-time work, your salary cannot be below the legally prescribed minimum salary in the Republic of North Macedonia.

Step-by-Step: How to Enforce Your Right

If your employer is not fulfilling these obligations, here are the steps you should take:

Step 1: Written Request to the Employer

The first formal step is to address the employer with a written request. If you believe that your employer is not providing the rights arising from your employment (in this case, payment of salary), you have the right to submit a written request demanding that they fulfil their obligation. The employer has a deadline of eight days from the receipt of your request to act upon it. This step is important because it creates a paper trail and shows that you attempted to resolve the issue internally.

Step 2: Report to the State Labor Inspectorate

If the employer does not respond or refuses to pay the salary, the next step is to report the issue to the State Labor Inspectorate. The Labor Inspectorate is the state authority responsible for supervising the application of Labor laws and collective agreements. As an employee, you have the right to request that a labor inspector carry out an inspection at your employer’s premises. After the inspection, if irregularities are found, the inspector has the authority to issue a decision ordering the employer to correct them, i.e., to pay the salary. The inspector will also file a request to initiate a misdemeanor procedure against the employer.

Step 3: Court Protection – The Final Measure

If the previous steps do not yield results, your final and strongest tool is initiating a lawsuit before the competent court. If the employer fails to fulfil the obligation within eight days after your written request, you have the right to seek court protection within 15 days. It is important to note that the law allows you to claim monetary rights arising from employment directly before the court, even without first addressing the employer. This significantly simplifies your access to justice.

Pay attention to deadlines! Monetary claims arising from employment expire within three years from the date the obligation arose.

What Happens After Obtaining a Court Decision?

Receiving a final court decision in your favor is a major victory, but the process doesn’t end there. If the employer still does not pay the salary, the decision must be enforced.

A final court decision is an enforceable document. Based on it, you submit a request for enforcement to a bailiff. The bailiff is then authorized to undertake all legal actions necessary to collect your claim, usually by blocking and transferring funds from the employer’s accounts.

Consequences for the Employer

Failure to pay salaries is not only a violation of your rights — it is a serious offence punishable by substantial fines. According to the Labor Relations Law, the fines for not paying salaries, contributions, or allowances are:

• 600 to 1,000 euros for a large employer

• 300 to 600 euros for a medium employer

• 200 to 400 euros for a micro or small employer

  
  

The Most Drastic Measure: When Employees Can Request Closure of the Company

The law also provides an extreme but powerful tool for employees. If an employer has not paid salaries and contributions for three consecutive months, employees have the right to initiate proceedings before the competent court for termination of the employer, i.e., opening a bankruptcy procedure.

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Conclusion

Facing unpaid salary is frustrating, but the most important thing is to remain calm and aware of your rights. The law provides clear and concrete steps — from internal requests, through labour inspection oversight, to court protection and enforced execution.

Your salary is your earned right. Stay informed, act on time, and use all legal mechanisms available to protect yourself.

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Note: This text has been prepared solely for informational purposes and cannot be considered legal advice or guidance for specific actions. Legal matters are complex, and each case has its own unique circumstances that must be assessed individually. For this reason, it is recommended to consult a qualified attorney who can provide tailored legal solutions to your specific situation.