The company delays salary by 10 days, does it have to compensate the employees?

Generally, I receive my salary on the 1st of the month (as stipulated in the labor contract), but now it is delayed by 10 days. Can I get compensation from the company for the interest on the delayed salary payment? The company has responded that the delay is due to end-of-year difficulties.

According to Clause 1, Article 94 of the Labor Code 2019, the principles of salary payment are stipulated as follows:

The employer must pay the salary directly, fully, and on time to the employee. In cases where the employee cannot receive the salary directly, the employer may pay the salary to a legally authorized person on behalf of the employee.

Thus, the enterprise is responsible for paying the salary on time to the employee according to the labor contract.

And in Clause 4, Article 97 of this Code, the salary payment period is stipulated as follows:

In cases of force majeure where the employer has exhausted all remedial measures but is still unable to pay the salary on time, the delay must not exceed 30 days. If the salary is delayed for 15 days or more, the employer must compensate the employee with an amount at least equal to the interest of the delayed amount calculated based on the one-month term deposit interest rate announced by the bank where the employer opens the salary payment account at the time of salary payment.

Thus, if there is a force majeure reason and all remedial measures have been exhausted but it is still not possible to pay the salary on time, the delay must not exceed 30 days. And if the salary is delayed by 15 days or more, additional compensation must be paid to the employee.

Therefore, if the company is in a force majeure situation that causes a 10-day salary delay, there is no obligation to compensate or pay any additional amount to the employee.

Sincerely!

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