The Ministry of Labor, Welfare and Social Insurance emphasizes the non-payment of the 13th salary where it is paid, within the framework of a collective agreement or personal contract or as a business practice, and informs that it will carry out an information campaign for the concession of the 13th salary.
According to an announcement by the GTP, the information campaign will start on 13 December 2017 and will last one week.
This campaign is carried out in collaboration with the employers' organizations OEB and KEVE and the unions SEK, PEO and DEOK. As part of the campaign, advertising messages will be broadcast via radio stations and entries will be made on websites. The aim of the campaign is to inform employers and employees whether or not the non-payment of 13th salary is legal or not.
It is noted that the 13th salary, where it is paid, under a collective agreement or personal contract or as a business practice, is part of the employee's salary and therefore non-payment is equivalent to a violation of the provisions on the Protection of Wages Legislation.
This, in addition to the rights that the Law provides to the employee for civil payment of his payment, constitutes a criminal offense and has as a consequence the criminal prosecution of the employer. According to the provisions of this Law, in case of conviction of the employer, a prison sentence of up to 6 months or a fine of up to € 15.000 or both are imposed.
In addition, the court may award the employees the amounts due to them corresponding to the 13th salary.
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