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KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

Which unpaid-wage situations let a worker claim in court up to the multiple the provision sets, and which payments does the provision exclude?

General information · Not legal advice

Material to check

For this exercise, the practice file holds the wage statements and pay records showing which months wages were left unpaid, the employment and separation records identifying the employer, and any calculations of the unpaid total measured against ordinary wages. The evidence field here is a practice exercise.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading treats the provision as the worker's own claim against the employer: where the employer withheld all or part of the wages in one of the listed situations — clear intent, unpaid months within a year reaching the number the provision sets, or an unpaid total reaching the ordinary wages for the period the provision sets — the worker may ask the court for an amount within the multiple the provision sets.

Another reading marks the exclusion the provision attaches: severance-type benefits under the act on guaranteeing retirement benefits are left out of 'wages and the like', so a shortfall in those benefits alone does not ground this claim, and the provision does not say how the listed situations are measured against one another.

Your judgment

Where part of the unpaid amount is severance-type benefit and part is wages, how could the file show that the unpaid wages alone meet one of the listed situations?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We revisit this card if the provision is amended to change the exclusion, add a situation, or alter the multiple it sets, or if a court decision explains how the listed situations are measured against one another.

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