Payment of Final Salary and the Payment for the Waiting Days

The employee may even in the aforementioned exceptional situations have a right to a salary for the waiting time. If the employee within a month from the termination of the employment relationship notifies the employer of the error, the employer must pay the delayed salary within three working days from the notification. If the employer fails to pay the delayed salary within this time, the employer must pay the employee a salary for the waiting time starting from the expiry of the three day period.

When an employment relationship ends, the pay period of the relationship also ends. The final salary must usually be paid on the last day of the employment relationship. Consequently, if an employment relationship is cancelled, the final salary must be paid immediately. If the employee is given notice, the pay period ends when the notice period ends. When a fixed-term employment relationship terminates, the pay period also ends on the last day of the employment relationship. The employer and the employee may agree that the final salary is to be paid on a later date, e.g. if the employer needs more time to calculate the salary.

The employer shall pay the cumulated and not used annual holiday days in money. For further information see [Annual Holiday Pay, Annual Holiday Compensation and Additional Holiday Pay]⁠.

This obligation must be observed strictly as a failure to pay the final salary in time might render the employer liable to pay the employee a salary for the waiting time. The salary for the waiting time consists of a full salary for each day the payment of the final salary is delayed. In addition, the employer is liable to pay normal penalty interest for the delayed amount. The obligation to pay a salary for the waiting time arises irrespective of the amount outstanding of the final salary. However, the obligation to pay salary for the waiting time is not applicable, if the delay is caused by a calculation error or other similar mistake (e.g. the pay slip sets out the correct salary for the overtime worked, but there has been an error in the addition).