That is 'The detained salary' | Information 2019 - What is it?
The detained salary - the sum of a salary and other advantages that the employee claims that to him or her have to after illegal end. The detained salary, as a rule, is calculated from the date of end to date, the requirement was complete, or the judgment was provided.
2019 - Definition of the Detained salary Bank card, Credit online, Lending
Definition of the Detained salary Bank card, Credit online, Lending, Information - 2019
DESTRUCTION of 'detainee of a salary' | Information 2019 - What is it?
Amount of time which it takes insurance company to finish process of requirements and to define, whether the detained salary has to , depends on complexity of a case. In certain cases the requirement can be solved quickly, such as in case of road accident which only included damage of the case of the vehicle. Other cases, however, can take years completely to locate. In case of illegal end claim that were made the employee, the company will be responsible for a salary and advantages which would be earned by the employee, had him or her not finished.
For example, the manufacturer dismissed the employee on June 20, 2010. The employee felt that end was unwarranted, and made the complaint against the company. During legal proceedings it became obvious that the manager of the employee had a personal problem with the employee whom he dismissed for the reasons except professional behavior and work. The court demanded that the employer restored the employee with the judgment arriving on January 15, 2013. The employer is responsible for the detained salary since June 20.
The companies can insure from risk of the due detainee of a salary to illegally dismissed employees through policy of insurance of a civil liability of methods of employment. This type of an insurance protects business from requirements of employees (or the former employees) that their legitimate rights were violated. It can be bought as an autonomous insurance covering, and also protects from risk of the complaint made by employees to discrimination, sexual harassment and other problems connected with employment.
Small business enterprises can find themselves incapable to absorb the cost of the detained salary to illegally dismissed employees because their income isn't so high as large corporations. One way to protect from this risk consists in adding approval of insurance of a civil liability of methods of employment to their policy of the owner of business (BOP).
Collecting the detained salary
Fair Labor Standards Act (FLSA), the law on Davis-bacon and the law on the Contract for Service (among other laws) include conditions for recovery of the detainee of a salary. Methods for collecting the detained salary ordered to FLSA include:
- The division of the Salary and Hour or the Minister of work could control payment of the salaries paid with delay, sometimes through a lawsuit.
- The minister of work could provoke trial for the salaries paid with delay and the equal sum as in advance liquidated damages.
- The employee can submit a a private claim against the employer for the detained salary plus a legal cost and a legal cost. In certain cases employees can ask also that advantages were included in total, make back to be compensated.
- The minister of work can receive a judicial ban to limit the employer from violation of FLSA. This violation can include illegally refusing appropriate minimum wage and an overtime payment.
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