If your employer refuses to pay your wages, you can enforce wage payment by following a clear legal process. This guide outlines the essential steps to claim what you are owed.
Step 1: enforce wage payment – Written Demand with Deadline
So far no formal payment demand with deadline has been made, this step is required.
Action against the other party:
- Send a written payment demand
- State the exact amount owed (gross)
- Set a specific calendar deadline
- Warn of legal action if the deadline passes
Step 2: File a Payment Claim with the Labor Court
To enforce wage payment, the claim must contain all essential information to clearly present the claim. Furthermore, the legal basis of the claim must be stated, for example the employment contract or, if applicable, 611a, 615 BGB. Additionally, a request for default interest from the moment the delay began should be made to fully enforce the employee’s rights.
Step 3: Attend the Conciliation Hearing
After the claim is served, the labor court schedules a conciliation hearing – the same procedure as in an unfair dismissal claim. At this hearing, either the claimant must appear in person or be represented by a lawyer. During the conciliation hearing, the claimed wage demand is explained to the court and the employer. You should also respond to any settlement proposals made by the court and give your position. The main goal of the conciliation hearing is to reach an amicable settlement in the form of a court‑approved agreement, thereby avoiding a contentious proceeding.
Step 4: Chamber Hearing (if no settlement is reached)
To enforce wage payment, if no settlement is reached at the conciliation hearing, the court schedules a chamber hearing. At this hearing, you must appear in person or be represented. During the chamber hearing, the claim is upheld and the claims are presented in detail. This includes, in particular, demonstrating the existence of the wage claim, including the underlying legal grounds and the amount of outstanding wages still owed. The aim of the presentation is to convince the court of the claim’s validity and to lay the foundation for a judicial decision.
Step 5: Court Judgment
After the oral proceedings conclude, the labor court decides on the claimed wage entitlement by judgment. Upon issuance of the judgment, the claimant’s right to payment is established, providing a binding judicial determination of the existence and amount of the owed compensation. The judgment is either enforceable after it becomes final, or – if the court orders provisional enforceability – already earlier. Consequently, the claimant is entitled to enforce wage payment, if necessary, through enforcement proceedings, should the employer fail to pay voluntarily. A prerequisite for success is that the wage claim was credibly asserted throughout the proceedings.
Note: This article is for general information purposes only and does not replace individual legal advice. For a free initial assessment of whether litigation funding may be an option for your case, you can contact RechtStark.