Understanding Your Rights Without a Written Contract
Working without a formal employment contract is a common situation, especially in small businesses or part-time roles. However, not having a contract doesn’t mean you are devoid of rights. If your work conditions resemble those of a full-time employee, you may still be protected under labor laws.
When Are You Considered a Regular Employee?
Even if you are labeled as a temporary or casual worker, the nature of your work might classify you as a regular employee. For instance, if you work consistently, say five days a week for six hours a day, you could be entitled to benefits like overtime pay and paid leave under labor laws.
Dealing with Unpaid Wages: When and How to Report
If your salary is delayed or partially paid, it constitutes wage theft. You have the right to file a complaint with the Department of Labor, whether you are still employed or have left the job. It’s important to note that you can claim unpaid wages up to three years after leaving the job.
Deciphering the “Including Paid Leave” Clause
Employers might claim that your salary includes paid leave, but without explicit documentation, this is not legally binding. If you work over 15 hours a week, you are entitled to paid leave, and it should be clearly itemized in your pay.
Receiving Salary in Cash or Personal Transfers
Even if you’re paid in cash or through a personal account transfer, it’s legally valid as long as you can provide evidence. Keep records of bank statements, text messages, or any written acknowledgment of your working hours and salary agreements.
Who is Your Legal Employer?
In cases where the business owner on paper differs from the person who pays you, the registered owner is legally responsible. However, during investigations, the real employer can also be held accountable if their supervisory role is evident.
Steps to Take Before and After Resigning
If you decide to quit, prepare a detailed record of your work history, payment receipts, and any communication regarding your salary. Clearly stating “resigning due to wage theft” can significantly support your case if disputes arise.
How to Report Unpaid Wages
The most effective method to handle unpaid wages is by submitting a complaint to the Department of Labor. This action can lead to a legal obligation for the employer to rectify the situation and may result in criminal proceedings if ignored.
Filing Complaints: Online and Offline Options
You can file a complaint online via the Department of Labor’s website or in person at a local labor office. Online submissions are quick, but ensuring you have all necessary documents ready is crucial, while in-person visits offer the benefit of speaking directly with labor inspectors.
What Happens After Filing a Complaint?
After filing, a labor inspector is assigned to investigate. If wage theft is confirmed, employers are given a chance to settle. Failure to comply may lead to criminal charges. The process usually takes between two to six weeks.
What if the Employer Refuses to Pay?
If the employer remains non-compliant, they could face criminal charges, and you might pursue a civil lawsuit or apply for government wage compensation programs that reimburse unpaid wages.
Final Thoughts
Don’t let the absence of a contract or complex employment scenarios deter you from claiming your rights. Many have hesitated and lost out on deserved wages. Keep detailed records and follow the proper procedures to protect your interests effectively.